Terms - Terms implied by statue

Question 1

What do terms implied by statue do?

Answer 1

Give rights

Question 2

If the contract is between business to consumer, what act is used?

Answer 2

Consumer rights at 2015

Question 3

what section is consumer described as

Answer 3

s2(3)

Question 4

what section is trader defined as

Answer 4

s2(2)

Question 5

what is a consumer described as under s2(3)

Answer 5

an individual acting for purposes that are wholly or mainly outside that individuals trade, business craft or profession

Question 6

what is a trader described as under s2(2)

Answer 6

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

Question 7

What sections are used for contract supply of goods?

Answer 7

• s9
• s10
• s11

Question 8

What right does s9 give

Answer 8

Right to satisfactory quality

Question 9

How does s9(2) describe satisfactory quality?

Answer 9

when the goods meet the standard that the reasonable person would consider satisfactory, taking into account :
- description of goods
- price

Question 10

What does s9(3) take into account?

Answer 10

• appearance and finish
• freedom of minor defects
• safety of goods
• durability of goods

Question 11

What does s9(4) state?

Answer 11

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

Question 12

what case falls under s9 satisfactory quality

Answer 12

Rogers v parish

Question 13

What right does s10 give

Answer 13

Right to ‘fitness for purpose’

Question 14

when does the seller not need to state the purpose of the goods

Answer 14

when the goods are being used for their ‘normal’ use

Question 15

What case established that if the good are not fit for purpose, a party can sue

Answer 15

Grant v Australin knitting mills

Question 16

What case established that if the consumer has a sensitivity, this must be drawn to the awareness of the trader

Answer 16

Griffiths v Peter Conway

Question 17

Why was the claim not successful in Griffiths v Peter Conway

Answer 17

The goods were fit for their normal use, the claimant is the one who shoud have told the trader their sensitivity.

Question 18

What right does s11 give

Answer 18

The right that the goods must match their description

Question 19

What are the remedies for the breach of s9/10/11?

Answer 19

• 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

Question 20

What are the remedies under s20?

Answer 20

• This must be within 30 days
• A full refund can be claimed if it was returned within 14 days
• Trader must bear the costs

Question 21

What are the remedies under s23?

Answer 21

• Trader must do ths within reasonable time without insignificant inconveniance to the consumer
• Trader must bear the cots of materials and postage

Question 22

What are the remedies under s24?

Answer 22

• Trader has one opportunity to repair and replace
• if this right is used sithin 6 months, refund can be reduced depending on the use

Question 23

What sections are used for contract for services?

Answer 23

s49 - reasonable care and skill
s52 - reasonable time

Question 24

What case stated that the service will be performed with reasonable care and skill

Answer 24

Thanke v Maurice

Question 25

When is s52 applicable under contrcact for services?

Answer 25

• if no time is specified and the work has not been completed
• if the work has taken longer than expected.