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law paper 4 section b > implyed terms > Flashcards

implyed terms Flashcards

1
Q

when will terms be implyed

A

court gives effect to presumed intent of parties
common/satute law requirement

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2
Q

what are terms implyed in fact

A

common law
assumed both parties wouldve intended to include

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3
Q

what case defined the two tests for when a term would be implyed in fact

A

M&S v BNP paribas

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4
Q

what are the 2 tests for terms implyed in fact

A

is it necessary to give the contract business efficacy
is it so obvious it goes w/o saying

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5
Q

will a term be implyed just because its fair

A

no

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6
Q

what does the business efficacy test ask

A

if a term is needed to male a contract effective

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7
Q

give a case where the business efficacy test was valid/term was needed

A

the moorcock

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8
Q

give a case where the business efficacy test wasnt valid/not needed

A

M&S v BNP paribas

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9
Q

what does the officious bystander test say

A

a term will be implyed if its so obvious it goes w/o saying

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10
Q

what case developed the officious bystander test

A

shirlaw v southern foundries

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11
Q

when will terms not be implied under the officious bystander test
+ case

A

if the parties never would’ve agreed to them had they thought about them
shell UK v Lostock garage

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12
Q

how does reasonablness play into implyed terms

A

genuinly implied terms are what a reasonable person would’ve understood to be the intent of the parties

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13
Q

other than the 2 trests in what other ways can terms be inplyed in fact

A

by customs
by prior dealing

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14
Q

give a case for implyed customs

A

hutton v warren

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15
Q

give a case for implyed terms by prior dealings

A

hillas v arcos

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16
Q

how long must the prior dealings have been going on for

A

for a while
not just once

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17
Q

what is an implyed term from prior dealings

A

a term implyed as it reflects previous dealings

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18
Q

what are terms implyed terms by law

A

terms the court implyed weither the party wants them or not

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19
Q

give a case for implyed terms by law-genraly

A

liverpool city council v irwin

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20
Q

what is caveat emptor

A

buyer beware
one party will likley be significatly inferior

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21
Q

give a case for caveat empator

A

sykes v taylor rose

22
Q

what does the consumer rights act cover

A

business to consumer contracts

23
Q

what are the basic rights under the consumer rights act 2015

A

satisfactory quality
as described
fir for purpouse
last a reasonable length of time

24
Q

what is a trader

A

someone acting for purpose realting to their trade business ect

25
Q

what is a consumer

A

someone acting for purpouse wholy/mainly outside their trade business ect

26
Q

what section covers satisfactory quality

A

s9

27
Q

what section covers right to fitness for a particular purpouse

A

s 10

28
Q

in s10 CRA what is implyed

A

the goods are reasonably fit for purpouse

29
Q

give a case for s10 CRA
where sutablity for purpouse was a condition

A

Baldry v marshall

30
Q

when dosent s10 CRA apply

A

when the counsumer didnt listen to the skill/judgement of trader when reasonable for them to do so

31
Q

what section covers the rights to goods matiching description

A

s11

32
Q

give a case for the goods not matching their description

A

beal v taylor

33
Q

what are the remedies for traders under CRA

A

short term right to reject
right to repair/replacment
right to price reduction/final reject

34
Q

what section covers short term right to reject

A

s20

35
Q

what must the consumer do when exercising their short term right to reject

A

make it known
do so within 30 days

36
Q

what must the trader do when a consumer exercises their short term right to reject

A

full refund with in 14 days to the place payment was mader
bare any expense of returning

37
Q

what section covers the consumers right to repair/replacment

A

s23

38
Q

what is the trader expected to do if the consumer exercises their right to replace/repair

A

do so in a reasonable time w/o significant inconveniance

39
Q

when can a consumer not exercise their right to repair/replace

A

if it would be disproportinate to other remidies

40
Q

what section covers the right for price reduction/final right to reject

A

s24

41
Q

what right does the customer have with a price reduction/final reject

A

if the replace/repair isnt satisfactory they can have a price reduction or refund

42
Q

how many attempts does the trader have to replace/repair

A

1

43
Q

if the consumer takes longer than 6 months to exercise their right to price drop/final reject what can the trader do

A

make a deduction for the use

44
Q

what are the implied terms in contracts for supply of service

A

trader must use reasonable care + skill
service must comply with the information given by serviceman
trader must be paid a reasonable sum
trader must complete service within a reasonable time if not specifed

45
Q

what section covers trader must use reasonable care + skill

A

s49

46
Q

what section coversservice must comply with the information given by serviceman

A

s50

47
Q

what section covers trader must be paid a reasonable sum

A

s51

48
Q

what section covers trader must complete service within a reasonable time if not specifed

A

s52

49
Q

what are the remidies for supply of service

A

repeate perfromance
price reduction

50
Q

what section covers digital content

A

s16

51
Q

what is the law under CRA on digital content

A

must also be of satisfactory quality fir for purpous and as described if its been paid for

law paper 4 section b (10 decks)

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