Implied Terms Flashcards
What act outlines implied terms for the supply of goods and services?
CONSUMER RIGHTS ACT (CRA) 2015
This act sets the framework for consumer protection regarding goods and services.
What is the right to full rejection under the CRA?
Full rejection (refund) within 30 days of delivery under S.20 and S.22
Consumers can return goods for a full refund within this period.
What is a partial rejection under the CRA?
Partial rejection under S.21
This allows consumers to reject part of the goods while keeping the rest.
What are the options if a consumer decides not to exercise their right to repair or replacement?
Ask for a price reduction or final right to reject under S.24
Refunds may be reduced by deductions for use.
What remedies are available for services under the CRA?
Price reduction under S.56
This applies if repeat performance is impossible or not performed within a reasonable time.
What is the business efficacy test?
A test to imply a term into a contract if necessary for effectiveness
Established in cases like The Moorcock and Marks and Spencer v BNP.
What is the officious bystander test?
A test implying a term if both parties would agree it was needed
Originated from the case Shell v Lostock Garages.
What does the course of dealings imply in contract terms?
Terms may be implied if usage is regular and consistent
Illustrated by the case Hillas v Arcos.
Fill in the blank: The right to repair or replacement under the CRA is outlined in _______.
S.23
This allows consumers to request repairs or replacements for faulty goods.
True or False: Consumers have a right to a refund after 30 days of delivery.
False
The right to a full refund is only applicable within 30 days.
What happens if a trader does not perform repeat performance within a reasonable time?
Consumer can request a price reduction under S.56
This is contingent on repeat performance being impossible.
What does Section 11 state regarding the goods supplied?
The goods supplied will match the description, including an implied decoration for display.
What is the right to full rejection under S.20?
A right to full rejection (refund) within 30 days of delivery.
What does S.21 allow a consumer to do?
A partial rejection of goods.
What is the right under S.23 if the consumer does not exercise S.20?
A right to repair or replacement.
What can a consumer request if they are not satisfied after exercising S.23?
A price reduction or final right to reject under S.24.
What is deducted from any refund issued?
A deduction for use.
What does S.55 provide for services?
A right to repeat performance within a reasonable time without significant inconvenience.
What must the trader bear when performing a repeat performance under S.55?
Any costs involved.
Under what condition can a consumer ask for a price reduction under S.56?
If repeat performance is impossible or not performed within a reasonable time.
What is the business efficacy test?
The court implies a term into a contract if necessary for effectiveness.
What is the officious bystander test?
A term is implied if both parties would agree it was needed when asked by an officious bystander.
What case illustrates the business efficacy test?
The Moorcock and Marks and Spencer v BNP.
What case illustrates the officious bystander test?
Shell v Lostock Garages.
What does the course of dealings imply?
Terms may be implied if the use is regular and consistent.
What case is associated with course of dealings?
Hillas v Arcos.
What does McCutcheon v MacBrayne signify?
Terms can be implied even if they come after acceptance.
What can be concluded if a term has been incorporated through common law and statute law?
The term has been deemed necessary for the contract’s effectiveness.
Fill in the blank: The right to repair or replacement is under _______.
S.23
True or False: A price reduction under S.56 can be requested anytime.
False
