Contract Terms: Specific Flashcards
What is the purpose of the CONSUMER RIGHTS ACT 2015?
It brings together rights and remedies available to consumers when making a contract with a trader for the supply of goods or service
What does S.2(3) CONSUMER RIGHTS ACT 2015 state?
A consumer is an individual acting for purposes that are wholly or mainly outside of that individual’s trade, business, craft or profession
What does S.2(2) CONSUMER RIGHTS ACT 2015 state?
A trader is a person acting for purposes relating to that person’s trade, business, craft or profession
What does the CONSUMER RIGHTS ACT 2015 apply to in terms of the supply of goods?
Contracts of sale, hire, hire-purchase and contracts for the transfer of goods
What does S.9 CONSUMER RIGHTS ACT 2015 state?
Every contract to supply goods is to be treated as including a terms that the quality of the goods is satisfactory. The goods must meet the standard that a reasonable person would consider satisfactory; taking account of the description, price and circumstances
When does S.9 not apply even though the goods are not of satisfactory quality?
If any defect has been specifically brought to the consumer’s attention before the contract is made or if the consumer has examined the goods beforehand
What does S.10 CONSUMER RIGHTS ACT 2015 state?
If before the contract is made the consumer makes it clear to the trader that there is a particular purpose for which the goods are to be used there is an implied term that the goods are reasonably fit for the consumer’s purpose. Obvious purposes don’t need to be made clear
What does the case GRIFFITHS V PETER CONWAY LTD say about S.10?
Where the consumer has a particular sensitivity that is not known to the trader, as long as the goods are fit for the normal purpose to most people, there will be no breach of S.10
What does S.11 CONSUMER RIGHTS ACT 2015 state?
Every contract to supply goods by description is to be treated as including a term that the goods will match the description
What does S.20 CONSUMER RIGHTS ACT 2015 state?
The short term right to reject the goods must usually be exercised within 30 days of delivery of the goods, unless the trader agrees to a later date. The period will be shorter where the goods are perishable
What does S.23 CONSUMER RIGHTS ACT 2015 state?
If the consumer does not want to use the short term tight to reject they will have the right to insist a repair or replacement
What does S.24 CONSUMER RIGHTS ACT 2015 state?
If S.23 does not bring satisfaction then the consumer has the right to a price reduction or a final right to reject the goods with a full refund. Only if the trader has attempted repair or replacement within reasonable time or that option was impossible
What does S.49 CONSUMER RIGHTS ACT 2015 state?
Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill
What does the case WILSON V BEST TRAVEL day about S.49?
A typical test to determine whether a service has been carried out with reasonable care and skill is ‘general and approved practice’, meaning that if the trader adopts procedures and practices which are usually in that field then he will probably be using reasonable care and skill
What does S.52 CONSUMER RUGHTS ACT 2015 state?
Every contract to supply a service is to be treated as including a term that the trade must perform the service within a reasonable time
