Terms Implied into Contracts to Supply Services (Including Remedies) Flashcards
What is contained in Chapter 4 CRA 2015?
Contracts to supply services
What is stated in S.49 CRA 2015?
“The trader must perform the service with reasonable care and skill”
What was held in Thake v Maurice?
Standard of care required for Section 49 is the same as in the law of negligence
What is stated in S.52 CRA 2015?
“Where there is not a clear time frame the service must be performed within a reasonable time, which is a question of fact”
What is stated in Section 55 CRA 2015?
“The right to require the trader to perform the service again to the necessary standards”
What are the requirements of the trader for a repeat performance in S.55?
Within a reasonable time and without significant inconvenience to consumer
How is the right to repeat performance in S.55 determined?
a. Nature of service
b. Purpose for which the service was performed
What are the requirements for the consumer’s right to a repeat performance in S.55?
Must be possible and trader must bear any necessary costs
What is stated in S.56 CRA 2015?
“Right to require the trader to reduce the price to the consumer by an appropriate amount”
When is S.56 an available remedy?
a. repeat performance is impossible
b. Repeat performance is not given within a reasonable time or without significant inconvenience
