CRA A03 4/4

Question 1

Sentence/Points:

Answer 1

1. Act Parliament (H) rigid
2. Forces terms fair (H) abuse mistakes
3. Protects weaker party
4. Subjective Wording

Question 2

Point 1: Act of Parliament

Answer 2

• CRA is Act of Parliament so clear, certain, enforced by judge
• (H) This makes it too rigid, will require use of Stat Interpretation as can’t keep up with modern ways consumers and traders interact (e.g. online products and services - pay for digital tool or hire online service)
• Less useful in these cases, com law may be better

Question 3

Point 2: Forces fair

Answer 3

• Forces terms to be fair because CRA implied into all contracts without being agreed too
• Fair that Consumers can always rely on it, companies aware of it too so they will make terms clear and not bury into contract
• (H) Could be over-used/abused by consumers if business made genuine mistake the term shouldn’t be automatically voided
• Too favourable for consumers, needs re-balance

Question 4

Point 3: Weaker Party

Answer 4

• Made by Parliament to protect Consumers (usually weaker party) and stop abuse of power by large corporations
• Fair because it makes it clear to businesses what they need to do, and provides a clear way for consumers to enforce their rights if necessary

Question 5

Point 4: Wording

Answer 5

• S9 Satisfactory Quality - what counts as ‘satisfactory’ is subjective and different in every case
• S50 Reasonable Price, S51 Performance within Reasonable Time
• No objective and consistent way for judges to enforce this, inconsistent decisions unfair, ROL certainty
• Also may lead to businesses getting away with harsh excl clauses, not protecting weaker party