Terms implied by statute

Question 1

What are terms implied by statute?

Answer 1

Terms implied through a variety of different acts

Question 2

What 2 types of agreements are there?

Answer 2

Business to business eg. sale of goods act 1979
Business to consumer eg. consumer rights act 2015

Question 3

What is a consumer and the section under the act?

Answer 3

S2(3)- an individual acting for purposes outside the individuals trade

Question 4

What is a trader and the section under the act?

Answer 4

S2(2)- a person acting for purposes relating to the persons trade

Question 5

What 3 things can the act apply to?

Answer 5

Contracts and notices
Dealing through a third party
Pre contract information

Question 6

What does S.9(2) state of the consumer rights act?

Answer 6

Must be of satisfactory quality and meet the standard of the reasonable man
Description
Prices
Other circumstances

Question 7

What does S.9(3) state of the consumer rights act?

Answer 7

Includes state and condition
Fit for purpose
Appearance
Freedom from minor defects
Safety of the goods
Durability of goods

Question 8

What does S.9(4) state of the consumer rights act? Case

Answer 8

Not apply if:
Defects are drawn attention to
Examines goods before
Sold after inspection
Rogers v Parish- car not fit for purpose

Question 9

What does S.10 state of the consumer rights act? Case

Answer 9

The right of fitness for purpose
Grant v Australian Knitting mills

Question 10

What did the case of Griffiths v Peter Conway set out?

Answer 10

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

Question 11

What does S.11 state of the consumer rights act?

Answer 11

The goods must match their description- can be implied

Question 12

Remedies for consumer rights act?

Answer 12

Short term right to reject
Right to repair or replacement
Right to price reduction

Question 13

What are the rules and section for right to reject?

Answer 13

S.20- Within 30 days
Can claim a full refund within 14 days
Bear any reasonable cost to return

Question 14

What are the rules and section for right to repair or replacement?

Answer 14

S.23- Within reasonable tine without significant inconvenience
Trader just bear costs
The fault must have been present from time goods were delivered

Question 15

What are the rules and section for right to price reduction?

Answer 15

S.24- Opportunity to repair or replace
Within 6 months and refund can be reduced

Question 16

What is stated in S.49 of contracts for services?

Answer 16

Contain terms with regards to traders performing the task with reasonable care and skill
Standard of care is owed

Question 17

What is the case in S.49 of contracts for services?

Answer 17

Thake v Maurice- surgeon carried out operation without reasonable care and skill

Question 18

What is stated in S.52 of contracts for services?

Answer 18

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

Question 19

Remedies for the consumer?

Answer 19

Right to repeat performance
Right to a price reduction

Question 20

What are the rules and section for right to repeat performance?

Answer 20

S.55- Trader has to perform service again
Done in reasonable time
Bear all necessary costs

Question 21

What are the rules and section for right to price reduction?

Answer 21

Price reduced an appropriate amount if standards not met
Could include a full refund