CRA 2015 Flashcards
S.1
CONTRACT TYPE
(3)(a)Goods
(3)(c)Services
(4)MIXED CONTRACT (goods & services)
S.2
TRADER
‘An individual acting for purposes related to their trade, craft, business or profession’
S.3
CONSUMER
‘An individual acting for purposes that are wholly outside of these circumstances ‘
S.9
GOODS TO BE SATISFACTORY
Reasonable man would consider satisfactory considering; description/ price/ other circumstances a-e inc. fitness for purpose; durability; safety; and freedom from minor defects.
S.10
FITNESS FOR PURPOSE
Before contract is made C makes clear to T what the particular purpose is.
The C will then rely on T’s skills.
S.11
GOODS AS DESCRIBED
Goods will match the description
INC. matching any sample.
REMEDIES FOR GOODS
S.20 S.23 S.24
S.20
SHORT TERM RIGHT TO REJECT
-W/in 30 days of delivery, observation
-Trader must refund w/in 14 days by same method as payment was made
-Consumer must make goods available for collection at Trader’s expense
S.23
RIGHT TO REPAIR OR REPLACEMENT
-Must be done within reasonable time, at traders expense, without significant disruption to C.
-Unless it is impossible
-T has one chance to repeat performance
S.24
RIGHT TO PRICE REDUCTION/FINAL RTR
-ONLY if s.23 has failed or been refused.
-Price reduction must be “appropriate” up to 100%
S.31
EXCLUSION CLAUSES
-Liability cannot be excluded for the sale of goods
SERVICES
S.49 S.52 S.55 S.56 S.57
S.49
REASONABLE SKILL AND CARE
- T must perform all actions with reasonable skill and care.
S.52
WITHIN A REASONABLE TIME
-T must perform all actions within a reasonable time.
S.55
RIGHT TO REPEAT PEROFRMANCE
- Completed within reasonable time and without any significant convenience to the consumer.
-T must cover all expenses.
S.56
RIGHT TO PRICE REDUCTION
- Only available where completion by repeat performance is impossible. OR
-T has failed to repeat performance inc. rules - Can be up to whole contract refunded.
S.57
EXCLUSION CLAUSE
-Liability cannot be excluded relating to services
