Regulated Terms (terms implied by law)

Question 1

CCLA 136 - Sale by description

Answer 1

implied condition that the goods will correspond to the description.

Question 2

CCLA 137 - Implied conditions or warranties as to quality or fitness

Answer 2

There is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale except as set out in sections 138 to 141

Question 3

CCLA 138 - Implied condition that goods are reasonably fit for purpose

Answer 3

This section applies when:

The buyer tells the seller the specific purpose for which they need the goods, indicating they rely on the seller’s expertise.

The goods are of a type the seller typically supplies in their business, regardless of whether the seller made them.

Question 4

WHAT IS EXCPETION TO 138 in ss3

Answer 4

In a sale of a specific item under a patent or trade name, there is no implied guarantee that the item will be suitable for any particular purpose.

Question 5

CCLA 139 - Implied condition that goods are of merchantable quality

Answer 5

In a contract of sale, if goods are bought by description from a seller who deals in such goods, there is an implied condition that the goods must be of merchantable quality, regardless of whether the seller is the manufacturer.

Question 6

exception to 139 in ss2

Answer 6

If the buyer has examined the goods, there is no implied condition regarding defects that the buyer’s examination should have uncovered.

Question 7

CONSUMER GUARANTEES ACT s5

Answer 7

That you will get good title to the good you are buying

Question 8

CONSUMER GUARANTEES ACT s6

Answer 8

That the goods will be of “acceptable quality” (defined in s7)

Question 9

CONSUMER GUARANTEES ACT s7a

Answer 9

That the supply ofgas and electricitywill be of acceptable quality.

Question 10

CONSUMER GUARANTEES ACT s8

Answer 10

That if the goods are bought fora particular purpose which the supplier knows about, theyare fit for thatpurpose.

Question 11

CONSUMER GUARANTEES ACT s14

Answer 11

In addition, if the manufacturer of the good makes an express guarantee about a good, they are bound by it.

Question 12

CONSUMER GUARANTEES ACT s18

Answer 12

Consumers can demand that a supplier remedy a failure within a reasonable time. If the supplier fails, the consumer can either have it fixed elsewhere and charge the supplier or reject the goods for a refund or replacement. For substantial failures, consumers can either reject the goods or seek compensation for reduced value. Additionally, they can claim damages for any foreseeable loss resulting from the failure.

Question 13

CONSUMER GUARANTEES ACT s28

Answer 13

Services will be carried out “with reasonable care and skill”.

Question 14

CONSUMER GUARANTEES ACT s29

Answer 14

Services will be reasonably fit forany particular purpose, and can be reasonablyexpected to achieve any particular result, the consumer required.

Question 15

CONSUMER GUARANTEES ACT
s30

Answer 15

Services will be completed in a “reasonable time” (unless contract specifies the time that theywill be done by.)

Question 16

CONSUMER GUARANTEES ACT
s32

Answer 16

Under Section 32, consumers can request that a supplier remedy a failure within a reasonable time. If the supplier fails to do so, the consumer can have it fixed elsewhere and charge the supplier or cancel the contract (Section 37). If the failure cannot be remedied or is substantial (Section 36), the consumer can either cancel the contract or seek compensation for the reduced value of the product or service. Additionally, consumers may claim damages for any reasonably foreseeable loss resulting from the failure.

Question 17

CONSUMER GUARANTEES ACT
s37

Answer 17

Cancellation occurs when the consumer lets the supplierof the service know, ordoes all that they can to let the supplier know, that they intend to cancel.

Question 18

CONSUMER GUARANTEES ACT
s38

Answer 18

Where a contract is cancelled the consumer can geta refund of the moneypaid for the service, and doesn’t have topay anything more for the service. They can then still sue the supplier forbreach of contract.