Implied terms

Question 1

British crane hire

Answer 1

Terms usual within a trade will be implied.

Question 2

Marks and spencer v Paribas

Answer 2

Business efficacy test- contract would not make sense without it, would be pointless without it, so courts will imply it.

Question 3

Irwin

Answer 3

Shows the term added (in business efficacy) would be what both parties would have wanted

Question 4

Shirlaw v Southern

Answer 4

Officious bystander test- Term is so obvious it goes without saying, so is implied.

Question 5

S2 CRA 2015

Answer 5

Defines consumer as entering a contract for purposes outside of profession/trade.
Defines trader as acting for purposes related to trade.

Question 6

S9 CRA 2015

Answer 6

satisfactory quality includes: price paid, safe, durable, free from minor defects.

Question 7

S10 CRA 2015

Answer 7

Must be fit for purpose (Baldry v Marshall)

Question 8

S11 CRA 2015

Answer 8

Must fit description, condition (Re Moore).

Question 9

S20 CRA 2015

Answer 9

Right to claim a full refund within 30 days.

Question 10

S23 CRA 2015

Answer 10

Within/after 30 days right to ask to repair or replacement.

Question 11

S24 CRA 2015

Answer 11

If it can’t be fixed, can request a reduction in price or full refund (long term right to reject).