CRA services

Question 1

Section 49

Answer 1

Services must be performed with reasonable care and skill. Every contract to supply a service is to be treated as including a term that the trader must perform a service with reasonable skill and care - Thake v Maurice

Question 2

Section 52

Answer 2

Service to be performed within a reasonable time. This section applies to a contract to supply a service if…
(a) - contract doesn’t expressly fix time for it to be performed doesn’t say how it is to be fixed
(b) - info that is to be treated under s50 as included in the contract does not fix time either.

Question 3

Section 55

Answer 3

Right to repeat performance where the right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

Question 4

Section 55 (2)

Answer 4

If the consumer requires such repeat performance the trader must:
55(2)(a) - provide it within a reasonable time and without significant inconvenience to the consumer
55(2)(b) - bear any necessary costs incurred in doing so

Question 5

Section 56

Answer 5

Right to price reduction which is the right to require the trader to reduce the price to the consumer by an appropriate amount. The amount of the reduction may, where appropriate, be the full amount of the price

Question 6

Section 57

Answer 6

Liability cannot be excluded or restricted
A term under s49 to supply services cannot be excluded or restricted by a trader

Question 7

Section 65

Answer 7

The bar on exclusion or restriction of negligent liability.
Trader cannot rely on s term inserted into a contract which excludes or restricts liability for death or personal injury resulting from negligence

Question 8

Section 49 - Thake v Maurice

Answer 8

Services must be performed with reasonable skill and care