Week 8 - implied terms

Question 1

Name types of implied terms

Answer 1

Terms implied by law - into all contracts of a certain type

Terms implied by fact - specific contracts

Question 2

Give examples of terms implied by law

Answer 2

The Sale of Goods Act 1979 implies terms into commercial contracts (mostly B2B) for the sale of goods.
The ability to contract out of these terms is restricted by UCTA 1977.
Part 1 CRA 2015 implies terms into consumer contracts to supply goods, digital content or services s.1(1).
The ability to contract out of these terms is restricted by CRA 2015

Question 3

Describe terms implied by the SOGA 1979

Answer 3

Terms implied by law SOGA 1979
S.12 The seller will pass on title and quiet possession
S.13 Goods sold by description shall conform with that description
S. 14 Goods sold in the course of a business shall be of satisfactory quality
S.15 In a sale by sample the bulk shall correspond with the sample in quality
Remedies for breach by seller: s.15B: Right to claim damages and, where breach is material, to reject goods and treat contract as repudiated.

Question 4

What does the Unfair Contract terms Act consist of ?

Answer 4

egulates contracts by restricting the operation and legality of some contract terms.