Implied Terms- Statute Flashcards
What act is used for implied terms in statute and what is it
Consumer rights act 2015- implied variety of terms into consumer to trader contracts only
Whats the definition of a consumer
An individual acting for purposed that are wholly or mainly outside the individuals trade, business, craft or profession
Whats the definition of a trader
Person acting for purposes relating to that persons trade, business, craft or profession
What 3 sections have implied terms into the sale or supply of goods
S9, s10, s11,
What 3 sections are the remedies available for the sale and supply of goods
S20, s23, s24
What 2 sections have implied terms into the supply of services
S49, s52
What 2 sections are the remedies available for the supply of services
S55, s56
What does s9 say
Quality of goods is to be satisfactory (consider description, price, appearance, if fit for purpose)
What does s10 say
Must be reasoably fit for purpose ( d not in breach if c not say specific purpose for which they are purchasing the product)
What does s11 say
Must match description (can be written or implied)
What does s20 say
Right to reject within 30 days (begins from start of ownership/delivery/installation)
Refund must be given within 14 days of trader agreeing to refund
What does s23 say
Right to repair/replacement (only where reasonable)- if impossible to replace or cost to trader would be disproportionate = cant be enforced
What does s24 say
Final right to reject/price reduction (only 1 can be exercised, may be used after 1 unsuccessful attempt to repair or replace)
What does s49 say
Trader will perform service with reasoable care and skill
What does s52 say
Service will be completed within reasoable time frame where there is no mention of completion time within contract
