Implied Terms B2C

Question 1

Which pieces of legislation concern implied terms in B2C transactions? (10)

Answer 1

CRA 2015

s9

s9(2)

s9(3)

s10

s11

s12

s13

s16

s17

s31

Question 2

s9

Answer 2

goods must be of satisfactory quality

Question 3

s9(2)

Answer 3

satisfactory quality tested according to the reasonable person, considering description, price and other relevant circumstances

Question 4

s9(3)

Answer 4

quality of goods includes

a. fitness for all purposes
b. appearance and finish
c. freedom from minor defects
d. durability

Question 5

s10 / s10(3)

Answer 5

good must be fit for particular purpose

this must be made known to the seller

Question 6

s 11

Answer 6

goods must correspond with description

Question 7

s12

Answer 7

pre contractual information must be provided

Question 8

s13

Answer 8

goods must match the sample

Question 9

s16

Answer 9

digital goods must conform with the contract

Question 10

s17

Answer 10

seller must have the right to sell the goods

Question 11

s31

Answer 11

cannot exclude implied terms

Question 12

Which cases concern safety? (3)

Answer 12

Egan v Motor Services
Grenfell v Meyrowitz
Jewson v Kelly

Question 13

Which cases concern durability? (2)

Answer 13

Murrell v Joseph

Thain v Anniesland

Question 14

Which cases concern price? (2)

Answer 14

Roger v Parish

Bartlett v Sydney Marcus

Question 15

Which cases concern s10/s10(3)? (4)

Answer 15

Priest v Last
Aswan Engineering v Ludpine
Slater v Finning
Ashington Piggeries 1972