Implied terms - By statute Flashcards
terms implied by statute
Acts of Parliament which say that certain types of contract always contain certain implied terms
Terms implied by the Consumer Rights Act 2015
this applies to consumer contracts for sale or hire or hire purchase
s.9 Satisfactory Quality
where the goods meet the standard that a reasonable person would consider satisfactory
> any description of goods
> price or other considerations
implied into any contract to supply goods
s.10 fit for purpose
usual purpose or any purpose which the consumer made known to the trader
Baldry v Marshall
The buyer had asked the seller to supply him with a fast, flexible and easily managed car that would be comfortable and suitable for ordinary touring purposes.
He then claimed that a Bugatti care sold to him was not fit for purpose and the court agreed.
s.11 As described
includes given information and compulsory information
Re: Moore and Co Arbitration
The contract was for tinned peaches packed in cartons of 30 tins. When the goods were delivered, many of the cartons contained 24 tins although the total number of tins was correct
This was a breach of S.11
Beale v Taylor
Purchaser brought car advertised as a 1961. the two halves has been welded together from two different models. The rear of the car had a barge on it but the front half had a smaller engine on it.
The badge amounted to a description
remedies
damages is always available for the breach of any contractual term
breach of CRA 2015
> short term right to reject - s.20
the right to repair or replacement
- s.23
the right to price reduction or final right to reject - s.24
s.49
implied term that a service will be carried out with reasonable care and skill
in consumer contracts for service
s.52
implied term that the service will be carried out within a reasonable time
breach of service
> right to require repeat performance
right to price reduction
