Terms implied by statute Flashcards
What are terms implied by statute?
Terms implied through a variety of different acts
What 2 types of agreements are there?
Business to business eg. sale of goods act 1979
Business to consumer eg. consumer rights act 2015
What is a consumer and the section under the act?
S2(3)- an individual acting for purposes outside the individuals trade
What is a trader and the section under the act?
S2(2)- a person acting for purposes relating to the persons trade
What 3 things can the act apply to?
Contracts and notices
Dealing through a third party
Pre contract information
What does S.9(2) state of the consumer rights act?
Must be of satisfactory quality and meet the standard of the reasonable man
Description
Prices
Other circumstances
What does S.9(3) state of the consumer rights act?
Includes state and condition
Fit for purpose
Appearance
Freedom from minor defects
Safety of the goods
Durability of goods
What does S.9(4) state of the consumer rights act? Case
Not apply if:
Defects are drawn attention to
Examines goods before
Sold after inspection
Rogers v Parish- car not fit for purpose
What does S.10 state of the consumer rights act? Case
The right of fitness for purpose
Grant v Australian Knitting mills
What did the case of Griffiths v Peter Conway set out?
Not liable if unaware of sensitivity
1. Fit for normal purpose
2. If purchaser has specialist need trader must be aware before contract is made
What does S.11 state of the consumer rights act?
The goods must match their description- can be implied
Remedies for consumer rights act?
Short term right to reject
Right to repair or replacement
Right to price reduction
What are the rules and section for right to reject?
S.20- Within 30 days
Can claim a full refund within 14 days
Bear any reasonable cost to return
What are the rules and section for right to repair or replacement?
S.23- Within reasonable tine without significant inconvenience
Trader just bear costs
The fault must have been present from time goods were delivered
What are the rules and section for right to price reduction?
S.24- Opportunity to repair or replace
Within 6 months and refund can be reduced
What is stated in S.49 of contracts for services?
Contain terms with regards to traders performing the task with reasonable care and skill
Standard of care is owed
What is the case in S.49 of contracts for services?
Thake v Maurice- surgeon carried out operation without reasonable care and skill
What is stated in S.52 of contracts for services?
Service performed within reasonable time
If no time specified if work not completed
The work takes longer than expected
Judge decides based on reasonable circumstances
Remedies for the consumer?
Right to repeat performance
Right to a price reduction
What are the rules and section for right to repeat performance?
S.55- Trader has to perform service again
Done in reasonable time
Bear all necessary costs
What are the rules and section for right to price reduction?
Price reduced an appropriate amount if standards not met
Could include a full refund
