Implied Terms Flashcards

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1
Q

Express terms def

A

can either be written into the contract, or stated verbally when the contract is made, concern matters such as price, what is expected for that and how the c is to be performed

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2
Q

Implied terms def

A

not specifically agreed, but can be implied into a contract by common law or by statute

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3
Q

Statute law governed by

A

Consumer Rights Act 2015 goods/services set out for consumer contracts
-CRA ‘15

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4
Q

Section 9 of CRA ‘15

A

goods are of satisfactory quality: appearance, safety, fitness (usual purpose). x apply when defect brought to attention

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5
Q

Section 10 of CRA ‘15

A

goods fit for particular purpose & made known by consumer->trader

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6
Q

Section 11 of CRA ‘15

A

goods supplied match description provided by t e.g display

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7
Q

Section 13 of CRA ‘15

A

goods must match a sample provided and any difference must be pointed out

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8
Q

Section 49 of CRA’15

A

t must perform any SERVICE with r skill, care and time

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9
Q

Section 50 of CRA ‘15

A

anything written/said to c by t is binding

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10
Q

Remedies

A
  • goods: right to rejection, repair or replacement & price reduction
    service: right to repeat perform & price reduction
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11
Q

Marks and Spencer v BNP

A

under common law, 4 ways terms can be implied in c, in order to better understand deal the p’s made

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12
Q

The Moorcock, Schawel v Reade

A

1) business efficacy test: court will imp term into c if necessary to make c effective on a business-like basis

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13
Q

Shell v Lostock Garages

A

2) officious bystander test: court will imp term into c on basis that if both p’s were asked by O(interf)B, they would have agreed that such term was needed

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14
Q

Hutton v Warren

A

3) if such term was a matter of custom/common business practices in that industry

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15
Q

Hillas v Acros

A

4) if such term was used in a previous dealings between the p’s

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16
Q

Implied Checklist

A
  • define
  • statute: CRA’15
  • 9 10 11 13 49 50, quality (app,safe, fit), p fit, description, sample, skill/care/time, written/said & r’s
  • common: MSvBNP
  • BET (TM, SvR) , OBT (SvLG), CBP (HvW), PD (HvA)
17
Q

can either be written into the contract, or stated verbally when the contract is made, concern matters such as price, what is expected for that and how the c is to be performed

A

Express terms def

18
Q

not specifically agreed, but can be implied into a contract by common law or by statute

A

Implied terms def

19
Q

Consumer Rights Act 2015 goods/services
-CRA ‘15

A

Statute law governed by

20
Q

goods are of satisfactory quality: appearance, safety, fitness (usual purpose). x apply when defect brought to attention

A

Section 9 of CRA ‘15

21
Q

goods fit for particular purpose & made known by consumer->trader

A

Section 10 of CRA ‘15

22
Q

goods supplied match description provided by t e.g display

A

Section 11 of CRA ‘15

23
Q

goods must match a sample provided and any difference must be pointed out

A

Section 13 of CRA ‘15

24
Q

t must perform any SERVICE with r skill, care and time

A

Section 49 of CRA ‘15

25
Q

anything written/said to c by t is binding

A

Section 50 of CRA ‘15

26
Q
  • goods: right to rejection, repair or replacement & price reduction
    service: right to repeat perform & price reduction
A

Remedies

27
Q

under common law, 4 ways terms can be implied in c, in order to better understand deal the p’s made

A

Marks and Spencer v BNP

28
Q

1) business efficacy test: court will imp term into c if necessary to make c effective on a business-like basis

A

The Moorcock, Schawel v Reade

29
Q

2) officious bystander test: court will imp term into c on basis that if both p’s were asked by O(interf)B, they would have agreed that such term was needed

A

Shell v Lostock Garages

30
Q

3) if such term was a matter of custom/common business practices in that industry

A

Hutton v Warren

31
Q

4) if such term was used in a previous dealings between the p’s

A

Hillas v Acros

32
Q
  • define
  • statute: CRA’15
  • 9 10 11 13 49 50, quality (app,safe, fit), p fit, description, sample, skill/care/time, written/said & r’s
  • common: MSvBNP
  • BET (TM, SvR) , OBT (SvLG), CBP (HvW), PD (HvA)
A

Implied Checklist