terms Flashcards
conditions
(Poussard v Spiers)
warranties
(Hong Kong Fir Shipping)
business efficacy test
(The Moorcock)
officious bystander test
(Hollier v Rambler)
if the parties would never had agreed to the term, the courts will not imply it
(Hollier v Rambler)
implied terms are genuine if the reasonable person would have understood the term to be the intention of both parties
(Marks and Spencer PLC)
terms implied by custom
(Hutton v Warren)
prior dealings of the parties may indicate terms to be implied
(Hillas v Arcos)
s.9 CRA 2015
right to satisfactory quality
s.9(1) CRA 2015
quality of goods must be satisfactory
s.9(2) CRA 2015
satisfactory is defined as when the goods meet the standard that the reasonable person would consider satisfactory
s.9(3) CRA 2015
satisfactory quality includes the state and condition
s.9(4) CRA 2015
s.9(1) - s.9(3) will not apply if:
-the consumer examines the goods
-the goods have been sold after inspection of sample
-defects are drawn to the attention of the consumer
