Terms implied by Statute

Question 1

Consumer Rights Act 2015

Answer 1

Covers the rights and remedies available for consumers making a contract making a contract with a business
Rights are given

Question 2

Consumer s2(3)

Answer 2

An individual acting for purpose that are wholly or mainly outside that individual’s trade, business, craft or profession

Question 3

Trader s2(2)

Answer 3

A person acting for purposes relating to that person’s trade, business, craft or profession whether acting personally or through another person acting on behalf of the trader

Question 4

S.9(1)

Answer 4

GOODS SHALL BE OF SATIFACTORY QUALITY

Question 5

S9(2)

Answer 5

standards of what the reasonable man would consider satisfactory
Description
Price or other consideration
Other relevant circumstances

Question 6

S9(3)

Answer 6

State and condition of the good
Fitness for all purpose
Appearance
Freedom from minor defects
Safety of the good
Durability of the good

Question 7

S.9(4)

Answer 7

Does not apply if
defects are drawn to attention
Consumer examines the good
Sold after inspection and defect would have been apparent on a reasonable examination

Question 8

Rogers V Parish

Answer 8

Car wasn’t fit for purpose so claimant was able to reject the car and claim damages

Question 9

S10

Answer 9

The good will be fit for purpose they usually supplied for and seller does not need to state purpose if the good is used for normal purpose

Question 10

Grant V Australian Knitting Mills

Answer 10

C was entitled to compensation for negligence. Goods are not fit for purpose

Question 11

S11

Answer 11

Every contract is to be treated as including a term that goods will match the description

Question 12

Right to reject S.20

Answer 12

MUST BE EXERCISED WITHIN 30 DAYS
CAN CLAIM FOR A FULL REFUND WITHIN 14 DAYS
TRADER MUST BEAR ANY REASONABLE COSTS OF RETURNING GOOD

Question 13

Right to repair or replacement s23

Answer 13

Must be done within reasonable time
Trader must bear all the costs
Fault must present from the time the good was originally delivered

Question 14

Right to a price reduction or final right to reject S24

Answer 14

One opportunity to repair or replace
If this right is exercised within 6 months the refund can reduced dependent on use unless it is to do with motor vehicles.

Question 15

s49 Reasonable care and skill

Answer 15

Contracts for supply of service are treated to contain a term with regards to the traders performing the task with reasonable care and skill

Question 16

Thake V Maurice

Answer 16

The surgeon had carried out the operation with reasonable care and skill so claim failed

Question 17

S52 Reasonable Time

Answer 17

This service must be performed within a reasonable time. Particularly where there is no time specified

Question 18

S55 Right to repeat performance

Answer 18

Required to perform the service again to meet the standards of a contract
Done in a reasonable time
Must bear all necessary costs

Question 19

S56 Right to a price reduction

Answer 19

The price is to be reduced to an appropriate amount as the trader hasn’t met the standards of the contract
Could be a refund of the full contract price