Q11

Question 1

S49 CRA

Answer 1

trader must perform the service with reasonable care and skill

Question 2

S50 CRA

Answer 2

• information said or written is binding where consumer relies on it

Question 3

S51 CRA

Answer 3

where price is not agreed beforehand, service must be provided for a reasonable price

Question 4

S52 CRA

Answer 4

unless time scale has been agreed, service must be carried out within a creasonable time

Question 5

S52(3) CRA

Answer 5

what is a reasonable time is a question of fact

Question 6

S55 CRA (remedy)

Answer 6

trader should redo the element which is inadequate/perform again with no extra cost

Question 7

S56 CRA (remedy)

Answer 7

consumer can claim price reduction, could be up to 100%

Question 8

misrepresentation

Answer 8

a false statement of fact that enticed a party to enter a contract

Question 9

3 rules of negligent misrepresentation

Answer 9

Statement must be false - not true or accurate, (Avon insurance)
• must be a statement or fact and not an opinion or future intent (Bisset v Wilkinson)
• Must be a critical part of party making the decision to enter the contract, person must have relied on the statement over their own belief

Question 10

Negligent misrepresentation

Answer 10

represent or is unable to show that, when it was made, they had reasonable grounds to believe it was true

Question 11

Innocent misrepresentation

Answer 11

representer must prove they believed the statement to be true (leafv international galleries )

Question 12

Fraudulent misrepresentation

Answer 12

intentional, deceptive (Derry v Peek)