CONTRACT LAW L4 - Unfair Terms & Exemption Clauses - CRA 2015 Flashcards
How many parts does the CRA 2015 comprise ? (1)
3.
What are the three parts of the CRA 2015 ? 3)
Part 1 - Consumer contracts for goods, digital content and services.
Part 2 - Regulates unfair terms in consumer contracts.
Part 3 - is of a miscellaneous and general nature.
What two areas does the CRA regulate unfair terms? (2)
It regulates attempts to limit or exclude liability for breach of contract and it regulates unfair terms more generally.
How is the CRA different to the UCTA? (2)
It makes no distinction between contracts on standard terms and contracts which have been individually negotiated ( rare in consumer contracts ).
What does S65 (1) provide in regards to death and PI ? (2)
A trader cannot by term of a consumer contract or by a consumer notice exclude or limit liability for death or personal injury resulting from negligence.
What is negligence for the purpose of S65(1) ? (3)
Any obligation take reasonable care or exercise a reasonable skill in the performance of a contract, any common law duty to take reasonable care or exercise reasonable skill ad the common duty of care imposed by the Occupier’s Liability Act 1957.
Where is tort of negligence covered in the CRA 2015 ? (1)
S65 (4)(b).
What does S31 provide in terms of attempt to restrict or exclude liability? (4)
It will not be binding on the consumer for the terms s9- goods to be of a satisfactory quality s10 - goods to be fit for a particular purpose and s11 - goods to be as described.
What does S47 provide for in terms of attempt to restrict or exclude liability? (4)
It will not be binding on the consumer for s34 - digital goods to be of a satisfactory quality s35 - digital content to be fit for a particular purpose and s36 - digital content to be as described.
What will any attempt to exclude or restrict liability under S49 ( service to be performed with reasonable care and skill ) not be ? (2)
It will not be binding to the extent that it would prevent the consumer recovering the price paid - effectively liability cannot be limited to less than the price paid.
What does S62 state? (1)
Any term in a consumer contract will not be binding on the consumer if it is unfair.
When is a term ‘unfair’? (2)
If it causes a significant imbalance in the parties rights and obligations to the detriment of the consumer S(62) (4).
What is generally prohibited under S72? (1)
A party entering into a second contract by which the other party will agree to not pursue a claim in relation the the first contract.
What is generally prohibited under S(31)(2) ? (2)
A party may decide to make liability subject to certain onerous clauses or limit the rights / remedies / court procedures available in relation to the contract.
