contracts: consumer contract law Flashcards

1
Q

sale of good act year?

A

1979

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2
Q

what was the sale of good act?

A

states that the goods you sell are as described, fit for purpose and of satisfactory quality

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3
Q

what was the unfair contract terms act?

A

protected consumers against traders from adding unfair clauses to contracts which state that if the goods are unfit for purpose or don’t match the description ect they aren’t liable for

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4
Q

what year was the unfair contract terms act

A

1977

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5
Q

what does the consumer rights act do?

A

encorperates the sales of good act 1979 and and unfair contract terms acts

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6
Q

how does the consumer rights act define a contract for the sale of goods?

A

a contract is a sales contract if the trader transfers or agreed to transfer ownership of the goods to the consumer and the customer agrees to pay the price

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7
Q

how does the consumer rights act define a consumer

A

an individual action for purposes that are wholly or mainly outside the individuals trade, business, craft or profession

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8
Q

how does the consumer rights act define a trader?

A

a person acting for purposes relating to that persons trade, business or craft wether they are acting personally, through anther person acting on behalf of the trader

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9
Q

section 9 of CRA

A

goods have to meet the staisfaction of a reasonable person

ex darren egan v motoring servcies bath

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10
Q

section 10 CRA

A

goods must be fit for purpose
this is a form of strict libability no proof needs to be shown in a court of law for liability to be given

ex frost v aylesbury dairy

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11
Q

section 11 of CRA

A

goods must match the description that the buyer has given

however the buyer must have relied on the sellers description to claim this clause in court

case: harlington and leinster enterprises v christopher hull fine art

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12
Q

section 13 of CRA

A

goods to match a saple
if a consumer enters a contract for goods on the basis of a contract the product delivered must match the sample.

however is any differences are brought to the sutomers attention before the customer has signed you cannot be liable

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13
Q

section 14 CRA

A

the product you get will be the same as the one seen in a show room

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14
Q

section 15 CRA

A

if you ask a comoany to install a prodcut they must do so and to reasonable statisfaction

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15
Q

section 16

A

if you buy a digital material such as CD or game and the softwear doesnt work you ae entitled to get your money back

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16
Q

remedies available for breech of these implied terms?

A
  • short term right to reject product and gte a refund
  • right to repair r replace with non defectie product
  • right to reductionin price if you are keeping the goods
  • right tp reject and get refund
  • right to claim damages if any harm is cause