implied terms Flashcards
how may ways are there to incorporate a term
two terms can be incorporated into a contract
express terms
stated verbally or written into the contract controls matters such as price and how the contract is to be performed
implied
not stated verbally but implied into the contract through common law or statute law
under statute law the implied terms for the supply of goods and services to consumer contracts are stated under
consumer rights act 2015
s.9
quality of goods
s.10
fit for purpose
s.11
fit a description
s.13
match a sample
s.49
right to perform services in a reasonable amount of time
s.50
anything said or by the trader to the consumer is legally binding
how are implied terms implied under common law
under common law terms are implied into the contract by the court to help understand the deals the parties made Marks and spencer v BNP
what is the business efficacy test
marks and spencer v BNP the moorcock, schawel v reade allows the court to imply the term into the contract if it is necessary to make the contract effective and the parties would have put it into the contract if they knew about it
officious bystander test
the courts will imply a term into the contract if both parties were asked by a officious bystander they wouldve added the term shell v lostock garages. if the terms were common business practice hutto v warren. if the terms were something used on past contracts hillas v arcos
remedies for goods
s.20 full rejection s.21 partial rejection s.22 within 30 days for both, s.23 right to repair, s.24 price reduction or final rejection if no s.23
remedies for services
s.50 repeat performance, s.51 price reduction if not
