Terms - Terms implied by statue Flashcards
What do terms implied by statue do?
Give rights
If the contract is between business to consumer, what act is used?
Consumer rights at 2015
what section is consumer described as
s2(3)
what section is trader defined as
s2(2)
what is a consumer described as under s2(3)
an individual acting for purposes that are wholly or mainly outside that individuals trade, business craft or profession
what is a trader described as under s2(2)
A persin acting for the purpose relating to that person’s trade, business, craft or profession whether acting personally or throigh another person acting in the trader’s name or on the trader’s behalf
What sections are used for contract supply of goods?
- s9
- s10
- s11
What right does s9 give
Right to satisfactory quality
How does s9(2) describe satisfactory quality?
when the goods meet the standard that the reasonable person would consider satisfactory, taking into account :
- description of goods
- price
What does s9(3) take into account?
- appearance and finish
- freedom of minor defects
- safety of goods
- durability of goods
What does s9(4) state?
The above will not be applicable if:
- defects drawn to attention before they were bought
- consumer examines the goods before buying them
- goods sold after inspection of a sample, and the defect would have been apparant when the sample was shown
what case falls under s9 satisfactory quality
Rogers v parish
What right does s10 give
Right to ‘fitness for purpose’
when does the seller not need to state the purpose of the goods
when the goods are being used for their ‘normal’ use
What case established that if the good are not fit for purpose, a party can sue
Grant v Australin knitting mills
What case established that if the consumer has a sensitivity, this must be drawn to the awareness of the trader
Griffiths v Peter Conway
Why was the claim not successful in Griffiths v Peter Conway
The goods were fit for their normal use, the claimant is the one who shoud have told the trader their sensitivity.
What right does s11 give
The right that the goods must match their description
What are the remedies for the breach of s9/10/11?
- Short-term right to reject s20
- The right to repair or replace s23
- The right to a price reduction or the final right to reject s24
What are the remedies under s20?
- This must be within 30 days
- A full refund can be claimed if it was returned within 14 days
- Trader must bear the costs
What are the remedies under s23?
- Trader must do ths within reasonable time without insignificant inconveniance to the consumer
- Trader must bear the cots of materials and postage
What are the remedies under s24?
- Trader has one opportunity to repair and replace
- if this right is used sithin 6 months, refund can be reduced depending on the use
What sections are used for contract for services?
s49 - reasonable care and skill
s52 - reasonable time
What case stated that the service will be performed with reasonable care and skill
Thanke v Maurice
When is s52 applicable under contrcact for services?
- if no time is specified and the work has not been completed
- if the work has taken longer than expected.
