CRA Flashcards
Applies to
Consumer to business
Unequal level
Year
2015
What does exclusion clause do
Cannot be removed from contract or exclusion clause and is implied into contract to protect consumer
Personal injury or death
S65 cannot exclude death or personal injury
Goods sections
9 - satisfactory quality
10 - fit for purpose
11 - match description
Goods remedy sections
20- short time right to reject - not impose fees - 30 days
23 - right to repair or replacement
24 - right to price reduction or final right to reject
Model section
S14
Beale V Taylor
When will section 9 not apply
Lack of quality drawn to C attention
C examines goods beofre purchased
Fit for ur pose
10
Fit for purpose of normal use
Not sensitive
Grant V Australian knitting mills
Section 20
Goods remedy
Short time right to reject goods 30 day
Consumer must indicate to trader
Goods must be available
No fee - full Refund must be given
Right to repair or replace
23
In
Reasonable time
Without significant inconvenience
Trader bears costs
Time being repaired pauses short time right to reject so can still reject after repair
Righ to price reduction
24
If no refund or repair then can keep goods and get price reduction
Services sections
49 - reasonable skill and care
51 - reasonable price
52 - reasonable time
Remedies services
55 - right to repeat performance at trader cost
56 - right to price reduction up to full refund
Reasonable skill and care case and section
49
Wilson V best travel
