Terms Implied (To Supply Goods) by Statutes

Question 1

Under what statute are the terms ‘trader’, ‘consumer’ and ‘goods’ defined?

Answer 1

Section 2 CRA 2015

Question 2

What is a ‘trader’?

Answer 2

“A person acting for purposes relating to that person’s trade, business, craft or profession whether acting personally or through another person”

Question 3

What is a ‘consumer’?

Answer 3

“An individual acting for purposes that are wholly or mainly outside that individual’s trade”

Question 4

What are ‘goods’?

Answer 4

“Any tangible or moveable items including gas, water and electricity if and only if they are put up for supply in a limited volume or set quality”

Question 5

What is the Consumer Rights Act 2015?

Answer 5

Concerns the rights and remedies of the consumer when contracting with a business

Question 6

What is stated in Section 1(3) CRA 2015?

Answer 6

Act applies to supply goods, services and digital content

Question 7

What is stated in Section 9(1) CRA 2015?

Answer 7

Every contract to supply goods is to be treated to include a term that the quality of goods is satisfactory

Question 8

What is the test for satisfactory goods in s.9(2)?

Answer 8

Would a reasonable person find the goods satisfactory? Taking into account description, price and any other relevant circumstances

Question 9

What is stated in section 9(3) CRA 2015?

Answer 9

Quality of goods includes their state, condition, safety and durability

Question 10

What is stated in Section 9(4) CRA 2015?

Answer 10

Section 9(1) is not applicable when anything that makes the quality of goods unsatisfactory is:
1. drawn to customers attention before contract
2. A sample makes the issue apparent
3. Further examination should reveal issue

Question 11

What was held in Rogers v Parish?

Answer 11

The car was described as brand new and so shouldn’t have had any defects. The car was also expensive

Question 12

What is stated in S.10 CRA 2015?

Answer 12

The goods are reasonably fit for purpose whether or not that is for a purpose in which that kind of goods are usually supplied

Question 13

What is held in Baldry v Marshall?

Answer 13

The buyer had specified a purpose and so the court agreed with the buyer

Question 14

What was held in Grant v Australian Knitting Mills?

Answer 14

There is no need to specify a purpose when the goods are bought for their normal use

Question 15

What is stated in S.11 CRA 2015?

Answer 15

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

Question 16

What is stated in S.11(2) CRA 2015?

Answer 16

Supplier shows a sample, goods have to match the sample

Question 17

What was held in Re Moore and Landauer?

Answer 17

The tins were not packaged as described and so did not match the description