contracts: consumer contract law Flashcards
sale of good act year?
1979
what was the sale of good act?
states that the goods you sell are as described, fit for purpose and of satisfactory quality
what was the unfair contract terms act?
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
what year was the unfair contract terms act
1977
what does the consumer rights act do?
encorperates the sales of good act 1979 and and unfair contract terms acts
how does the consumer rights act define a contract for the sale of goods?
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
how does the consumer rights act define a consumer
an individual action for purposes that are wholly or mainly outside the individuals trade, business, craft or profession
how does the consumer rights act define a trader?
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
section 9 of CRA
goods have to meet the staisfaction of a reasonable person
ex darren egan v motoring servcies bath
section 10 CRA
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
section 11 of CRA
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
section 13 of CRA
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
section 14 CRA
the product you get will be the same as the one seen in a show room
section 15 CRA
if you ask a comoany to install a prodcut they must do so and to reasonable statisfaction
section 16
if you buy a digital material such as CD or game and the softwear doesnt work you ae entitled to get your money back