implyed terms

Question 1

when will terms be implyed

Answer 1

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

Question 2

what are terms implyed in fact

Answer 2

common law
assumed both parties wouldve intended to include

Question 3

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

Answer 3

M&S v BNP paribas

Question 4

what are the 2 tests for terms implyed in fact

Answer 4

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

Question 5

will a term be implyed just because its fair

Answer 5

no

Question 6

what does the business efficacy test ask

Answer 6

if a term is needed to male a contract effective

Question 7

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

Answer 7

the moorcock

Question 8

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

Answer 8

M&S v BNP paribas

Question 9

what does the officious bystander test say

Answer 9

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

Question 10

what case developed the officious bystander test

Answer 10

shirlaw v southern foundries

Question 11

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

Answer 11

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

Question 12

how does reasonablness play into implyed terms

Answer 12

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

Question 13

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

Answer 13

by customs
by prior dealing

Question 14

give a case for implyed customs

Answer 14

hutton v warren

Question 15

give a case for implyed terms by prior dealings

Answer 15

hillas v arcos

Question 16

how long must the prior dealings have been going on for

Answer 16

for a while
not just once

Question 17

what is an implyed term from prior dealings

Answer 17

a term implyed as it reflects previous dealings

Question 18

what are terms implyed terms by law

Answer 18

terms the court implyed weither the party wants them or not

Question 19

give a case for implyed terms by law-genraly

Answer 19

liverpool city council v irwin

Question 20

what is caveat emptor

Answer 20

buyer beware
one party will likley be significatly inferior

Question 21

give a case for caveat empator

Answer 21

sykes v taylor rose

Question 22

what does the consumer rights act cover

Answer 22

business to consumer contracts

Question 23

what are the basic rights under the consumer rights act 2015

Answer 23

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

Question 24

what is a trader

Answer 24

someone acting for purpose realting to their trade business ect

Question 25

what is a consumer

Answer 25

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

Question 26

what section covers satisfactory quality

Answer 26

s9

Question 27

what section covers right to fitness for a particular purpouse

Answer 27

s 10

Question 28

in s10 CRA what is implyed

Answer 28

the goods are reasonably fit for purpouse

Question 29

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

Answer 29

Baldry v marshall

Question 30

when dosent s10 CRA apply

Answer 30

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

Question 31

what section covers the rights to goods matiching description

Answer 31

s11

Question 32

give a case for the goods not matching their description

Answer 32

beal v taylor

Question 33

what are the remedies for traders under CRA

Answer 33

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

Question 34

what section covers short term right to reject

Answer 34

s20

Question 35

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

Answer 35

make it known do so within 30 days

Question 36

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

Answer 36

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

Question 37

what section covers the consumers right to repair/replacment

Answer 37

s23

Question 38

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

Answer 38

do so in a reasonable time w/o significant inconveniance

Question 39

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

Answer 39

if it would be disproportinate to other remidies

Question 40

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

Answer 40

s24

Question 41

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

Answer 41

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

Question 42

how many attempts does the trader have to replace/repair

Answer 42

1

Question 43

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

Answer 43

make a deduction for the use

Question 44

what are the implied terms in contracts for supply of service

Answer 44

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

Question 45

what section covers trader must use reasonable care + skill

Answer 45

s49

Question 46

what section coversservice must comply with the information given by serviceman

Answer 46

s50

Question 47

what section covers trader must be paid a reasonable sum

Answer 47

s51

Question 48

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

Answer 48

s52

Question 49

what are the remidies for supply of service

Answer 49

repeate perfromance price reduction

Question 50

what section covers digital content

Answer 50

s16

Question 51

what is the law under CRA on digital content

Answer 51

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