Terms Of A Contract - Terms Implied By Statute

Question 1

What is the definition of business-consumer under Consumer Rights Act 2015?

Answer 1

Covers rights and remedies available for consumers with a business. Rights are given to consumer and business has a duty.

Question 2

What is the difference between consumer and trader?

Answer 2

S.2(3) - “An individual acting outside their trade, business, craft or profession”

S.2(2) - “A person acting within their trade, business, craft or profession”

Question 3

What is s.9 under contracts for supply of goods?

Answer 3

S.9 : The right of satisfactory quality
(1) Goods shall be of satisfactory quality
(2) Must meet standard reasonable person would see as satisfactory (description, consideration)
(3) State and condition (fitness, appearance, safety, durability)

(4) Above wont apply if : 1. Defects are told to consumer before contract is made, 2. Consumer examines goods before contract is made, 3. Goods sold after inspection despite defect.

Case: Rogers v Parish (car not fit for purpose so claimant could claim)

Question 4

What is s.10 of The Consumer Rights Act 2015?

Answer 4

S.10 - The right of ‘fitness for particular purpose’
Case : Grant v Australian Knitting Mills (Entitled to compensation as goods not fit for purpose)

If C sensitivity (Griffiths v Peter Conway) then:
A. D not liable if goods are fit for purpose
B. C must make D aware of sensitivity

Question 5

What is Section 11 of the consumer rights act 2015?

Answer 5

S.11 - Goods must match description
- Goods must match
- Description can be implied
- If item examined by C the good must match the description.

Question 6

What are the 3 ways in which remedies can be provided for the consumer?

Answer 6

1. S.20 : Short term right to reject
   - within 30 days
   - claim full refund within 14 days
   - trader must bear any costs
2. S.23 : Right to repair and replace
   - Within reasonable time without significant inconvenience
   - Trader must bear costs
   - Fault must be present from time good was delivered
3. S.24 : The right to a price reduction or rejection
   - Trader can repair/replace
   - If exercised within 6 months refund cannot be reduced unless within trade of vehicles

Question 7

What are the two rules under contracts for services?

Answer 7

S.49 : Reasonable care and skill
Case : Thame v Maurice (If service is taken with reasonable care + skill, no claim)

S.52 : Reasonable period of time
- If no time specified and work not complete
- Work has taken longer

Question 8

What are the remedies for the consumer under contract of services?

Answer 8

S.55 : Right to repeat performance
- perform service again within reasonable time and bear all costs

S.56 : Price reduction
- Price reduced, refund.