Contract - terms: exclusion and limitation clauses - The Consumer Rights Act 2015 Flashcards
What does CRA 2015 cover?
Contract between trader and consumers
What does CRA 2015 include?
Fairness test for enforceability of terms and consumer notices
Main subject matter of contract that sets prices are only exempt from test if they’re transparent and prominent
Grey list of potentially unfair clauses in consumer contracts
What is excluded/limiting liability with sales of goods?
S.9
S.10
S.11
S.14
S.15
S.16
S.17
What does S.9 state?
Can’t exclude that good be of satisfactory quality
What does S.10 state?
Can’t exclude goods be fit for a particular purpose
What does S.11 state?
Can’t exclude goods be as described
What does S.14 state?
Can’t exclude that goods match model seen/examined
What does S.15 state?
Can’t exclude installation as part of conformity of goods with contract
Can’t exclude liability for installation being done incorrectly
What does S.16 state?
Digital items must match what is listed too
What does S.17 state?
Can’t supply good which don’t belong to them
What is excluded/limited for supply of goods?
S.49
S.50
S.51
S.52
What does S.49 state?
Service must be performed with reasonable care and skill
What does S.50 state?
Info about trader/service to be binding
What does S.51 state?
Reasonable price to be paid for service
What does S.52 state?
Service must be performed in a reasonable time
What does S.65 do?
Prohibits exclusion/restictions of liability for death/PI resulting from negligence
What does S.62 state?
Requirement that all consumer terms and notices must be fair
Unfair - something that puts consumer at a disadvantage
Courts need to take into account specific circumstances, nature of subject matter of contract
What is some AO3 for taking into account specifics of each individual case?
More fairer
Upholds public policy as decide outcome
Difficult for laeyrrs to advise clients
What does the grey terms include?
Disproportionate financial situations
Binding consumers to hidden terms
Retaining payments after consumer cancellation
What isn’t subject to the fairness test?
Main subject matter of contract
Terms that set the price
What is transparent?
In plain intelligible language and legible
What is prominent?
Brought to consumer’s attention in such a way that the average consumer would be aware of term
What must written terms be?
Transparent
What are all communications/announcements assumed to be?
Heard or seen by consumer
What is some AO3 for Conclusion?
Effective - made by P, upholds PS, and public policy as they’re democratically elected
But leads to injustice as judges can’t be flexible
