Implied Terms Flashcards
What is the introduction of implied terms under statute law?
Implied terms for the supply of goods and services are outlined in the Consumer Rights Act (CRA) 2015.
What does Section 9 of the CRA 2015 state?
Section 9 states that the quality of the goods must be satisfactory, including aspects like appearance, safety, and fitness for the usual purpose.
The right does not apply if a defect has been drawn to the consumer’s attention or if the consumer has inspected the goods.
What does Section 10 of the CRA 2015 specify?
Section 10 states that goods must be fit for a particular purpose made known by the consumer to the trader, which can be expressed or implied.
What does Section 11 of the CRA 2015 cover?
Section 11 states that the goods supplied will match the description, including any implied description, such as when displayed.
What remedies are available for goods under the CRA 2015?
Remedies include a right to full rejection (refund) within 30 days of delivery under Sections 20 and 22, a partial rejection under Section 21, and a right to repair or replacement under Section 23 if they choose not to exercise Section 20.
What can a consumer do if they do not want to exercise S.23?
They can ask for a price reduction or be given the final right to reject under S.24. Any refund issued will be reduced by a deduction for use.
What are the remedies for services under S.55?
A right to repeat performance, which must happen within a reasonable time and without significant inconvenience to the customer. The trader must bear any costs in doing so.
What is the alternative remedy under S.56?
A price reduction, which is an option if repeat performance is impossible or if it has been requested and not performed within a reasonable time.
What is the business efficacy test?
The court will imply a term into a contract if it is necessary to make the contract effective and if the parties would have agreed to it.
What is the officious bystander test?
A term will be implied into a contract if both parties would agree that it was needed if asked by an officious bystander.
How can clauses be implied through the course of dealings?
If the use is regular and consistent, even if it comes after acceptance.
What does the case of Hillas v Arcos illustrate?
It illustrates that clauses may be implied through the course of dealings.
What is an example of implied terms based on business efficacy?
It was an implied term that the goods would be delivered on time, as such a term is necessary for contract effectiveness.
What does it mean if there is no consistency in dealings?
If a party has only used another’s services a handful of times, there is no consistency in the dealings.
What can affect the incorporation of clauses in contracts?
The bargaining power of the parties and the regularity of their dealings can affect the incorporation of clauses.
What conclusion can be drawn about terms incorporated through common law?
The term has been incorporated through common law and statute law.
