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contract > Trader-consumer exclusion clauses > Flashcards

Trader-consumer exclusion clauses Flashcards

1
Q

Trader-consumer contracts are controlled by what?

A

Consumer Rights Act 2015

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2
Q

Consumer Rights Act 2015

A

controls trader-consumer contracts

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3
Q

S.62

A

All terms must be fair and the Schedule 2 greylist must be considered

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4
Q

All terms must be fair and the Schedule 2 greylist must be considered

A

S.62

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5
Q

Schedule 2 grey list includes terms that are what?

A
  • Not transparent
  • Not proportionate
  • Allow the trader to change the price
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6
Q
  • Not transparent
  • Not proportionate
  • Allow the trader to change the price
A

Schedule 2 grey list terms

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7
Q

S.65

A

Traders are prohibited from excluding liability for death or personal injury

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8
Q

Traders are prohibited from excluding liability for death or personal injury

A

S.65

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9
Q

S.31

A

cannot exclude or limit liability for S.9, 10, 11, 14 or 15

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10
Q

cannot exclude or limit liability for S.9, 10, 11, 14 or 15

A

S.31

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11
Q

S.57

A

cannot exclude or limit liability for S.49 or 52

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12
Q

cannot exclude or limit liability for S.49, 50, 51 or 52

A

S.57

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13
Q

S.9

A

satisfactory quality

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14
Q

satisfactory quality

A

S.9

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15
Q

What is ‘satisfactory quality’?

A

Meets the standards of what a reasonable person would consider satisfactory, taking into account description, price and other circumstances

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16
Q

S.10

A

fitness for a particular purpose

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17
Q

fitness for a particular purpose

A

S.10

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18
Q

goods to be a described

A

S.11

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19
Q

S.11

A

goods to be a described

20
Q

Implied terms for goods

A
  • S.9
  • S.10
  • S.11
  • S.14
  • S.15
21
Q
  • S.9
  • S.10
  • S.11
  • S.14
  • S.15
A

Implied terms for goods

22
Q

Implied terms for services

A
  • S.49
  • S.52
23
Q
  • S.49
  • S.52
A

Implied terms for services

24
Q

S.49

A

reasonable care and skill

25
Q

reasonable care and skill

A

S.49

26
Q

S.52

A

performance within a reasonable time

27
Q

performance within a reasonable time

A

S.52

28
Q

S.14

A

goods to match a model seen or examined

29
Q

goods to match a model seen or examined

A

S.14

30
Q

S.15

A

correct installation if it forms part of the contract

31
Q

correct installation if it forms part of the contract

A

S.15

32
Q

Service remedies sections

A

S.55
S.56

33
Q

S.55

A

Right to require repeat performance

34
Q

Right to require repeat performance

A

S.55

35
Q

S.56

A

Right to a price reduction

36
Q

Right to a price reduction

A

S.56

37
Q

S.56 is only available when…

A
  • repeat performance is unavailable
    OR
  • repeat performance not completed in reasonable time
38
Q

Product remedies sections

A

S.20
S.23
S.24

39
Q

S.20

A

Rejection within 30 days of delivery (less with perishable goods)

40
Q

S.23

A

right to repair or replacement

41
Q

Rejection within 30 days of delivery (less with perishable goods)

A

S.20

42
Q

right to repair or replacement

A

S.23

43
Q

S.24

A

Right to a price reduction or final right to reject

44
Q

A refund must be given within what time?

A

14 days of the trader agreeing to refund

45
Q

Right to replacement must be…

A
  • in reasonable time
  • without inconvenience to the consumer
  • not to the expense of the consumer
46
Q

Unless the trader can prove otherwise, a fault discovered in the first six months after purchase is presumed to be…

A

there since the time of purchase

contract (20 decks)

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