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Contract Law > 20-Continued: Statute For Consumer Contracts > Flashcards

20-Continued: Statute For Consumer Contracts Flashcards

1
Q

What law covers most of the contracts made between consumers and traders?

A

Consumer Rights Act 2015

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2
Q

What 4 main things does the CRA 2015 cover?

A

1) Contracts between consumer and trader.
2) Covers unfair terms in consumer contracts.
3) Gives definition of ‘consumer’
4) Gives definition of ‘trader’

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3
Q

Definition of consumer

A

An INDIVIDUAL acting for purposes that are outside that individuals trade or role etc.

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4
Q

An INDIVIDUAL acting for purposes that are outside that individuals trade or role etc.

What is this the definition of?

A

A consumer.

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5
Q

Definition of a trader

A

A person acting for purposes related to their trade or role etc this includes agents.

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6
Q

A person acting for purposes related to their trade or role etc this includes agents.

What is this the definition of?

A

Trader

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7
Q

What are the main contracts CRA 2015 covers?

A

1) Sale
2) Hire
3) Hire-purchase
4) Other contracts for transfer of goods

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8
Q

What is s9 CRA 2015

A

Right of satisfactory quality

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9
Q

Right of satisfactory quality

A

s9 CRA 2015

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10
Q

What things will judges take account of regarding satisfactory quality of good in s9 CRA 2015?

A

1) any description of the product
2) the price or other consideration
3) all other relevant info

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11
Q

What things will a judge consider regarding the state of the goods for s9 CRA 2015?

A
  • fit for purpose
  • appearance
  • free from defects
  • safety of goods
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12
Q

What things will make any claim for defect not apply under s9 CRA 2015?

A
  • defects drawn to consumer attention before purchase
  • consumer examined goods and should have realised
  • consumer examines sample and defect would have been noticed
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13
Q

s9 CRA 2015 is based on subjective or objective test?

A

Objective test-reasonable person

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14
Q

What case supports the principle in s9 CRA 2015?

A

Rogers v Parish Scarborough (1987)

Facts: Range Rover sold as 4x4 but was saloon car.

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15
Q

Rogers v Parish Scarborough (1987)

A

Supports principle in s9 CRA 2015

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16
Q

s10 CRA 2015

A

Right of fitness for purpose for goods

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17
Q

Right of fitness for purpose of goods

A

s10 CRA 2015

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18
Q

What case supports the principle in s10 CRA 2015?

A

Baldry v Marshall (1925)

Facts: Buyer asked seller to supply car that was practical. Bugatti was not practical.

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19
Q

Baldry v Marshall (1925)

A

Principle: supports principle in s10 CRA 2015

Facts: Buyer asked seller to supply car that was practical. Bugatti was not practical.

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20
Q

s11 CRA 2015

A

Right relating to description of goods.

Goods must match description

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21
Q

Right relating to description regarding goods sold

A

s11 CRA 2015

22
Q

What case supports the principle in s11 CRA 2015?

A

Beale v Taylor (1967)

Facts: car that was welded from two pieces were actually two different ages cars. Failed to meet description.

23
Q

Beale v Taylor (1967)

A

Example of: supports principle in s11 CRA 2015

Facts: car that was welded from two pieces were actually two different ages cars. Failed to meet description.

24
Q

What case is an example of the harshness of the principle in s11 CRA 2015?

A

Re Moore and Landauer and Co. Arbitration (1921)

Facts: contract for tins packed in boxes of 30 was actually in 24. Considered breach.

25
Q

Re Moore and Landauer and Co. Arbitration (1921)

A

Example of: the harshness of principle in s11 CRA 2015

Facts: contract for tins packed in boxes of 30 was actually in 24. Considered breach.

26
Q

What are some remedies for breach of a term implied into a contract to supply goods?

A

1) s20-short term right to reject
2) s23 right to repair or replace
3) s24 right to price reduction or final right to reject

27
Q

s20 CRA 2015

A

Short term right to reject (goods)

28
Q

Short term right to reject

A

s20 CRA 2015

29
Q

s23 CRA 2015

A

Right to repair or replacement (goods)

30
Q

Right to repair or replacement

A

s23 CRA 2015

31
Q

s24 CRA 2015

A

Right to price reduction or final right to reject (goods)

32
Q

Right to price reduction or final right to reject

A

s24 CRA 2015

33
Q

s19(14) and (15) CRA 2015

A

A breach of statutory rights, such as a fault, within first 6 months of purchase it is presumed the fault was there before purchase.

34
Q

A breach of statutory rights, such as a fault, within first 6 months of purchase it is presumed the fault was there before purchase.

A

s19(14) and (15) CRA 2015

35
Q

s20 CRA 2015: Short-term right to reject

Specific details

A

Defect within first 30 days of delivery

Trader bears responsibility for cost of return

Refund given without delay-max 14 days

Refund by same means unless stated

36
Q

Defect within first 30 days of delivery

Trader bears responsibility for cost of return

Refund given without delay-max 14 days

Refund by same means unless stated

A

s20 CRA 2015-Short term right to reject

37
Q

s24 CRA 2015: Right to a price reduction or final right to reject

Specific details of section

A

If s23 doesn’t work then this section

Trader only gets 1 attempt at repair or replacement

Reduction of damages relevant to consumer use, as in motor vehicles.

38
Q

If s23 doesn’t work then this section

Trader only gets 1 attempt at repair or replacement

Reduction of damages relevant to consumer use, as in motor vehicles.

A

s24 CRA 2015: Right to a price reduction or final right to reject

39
Q

What terms are imposed through CRA 2015 regarding contracts to supply a service?

A

s49-reasonable care and skill

s52-perform within a reasonable time

40
Q

What case supports the principle in s49 CRA 2015?

A

Wilson v Best Travel (1993)

Facts: On hol in Greece, C fell through glass door. Glass conformed to Greek but not British standards but travel company had done all it required to ensure safety.

41
Q

Wilson v Best Travel (1993)

A

Example of: case supporting the principle in s49 CRA 2015

Facts: On hol in Greece, C fell through glass door. Glass conformed to Greek but not British standards but travel company had done all it required to ensure safety.

42
Q

s49 CRA 2015

A

Reasonable care and skill (services)

43
Q

s52 CRA 2015

A

Perform within a reasonable time (services)

44
Q

Reasonable care and skill (services)

A

s49 CRA 2015

45
Q

Perform within a reasonable time (services)

A

s52 CRA 2015

46
Q

What are two remedies to a breach of a term implied into a contract to supply services?

A
  • s55: Right to require repeat performance

- s56: Right to a price reduction

47
Q

s55 CRA 2015

A

Remedy for services

Right to require repeat performance

48
Q

Remedy for services

Right to require repeat performance

What act and section?

A

s55 CRA 2015

49
Q

s56 CRA 2015

A

Remedy for breach of services contract

Right to a price reduction

50
Q

Remedy for breach of a services contract:

Right to a price reduction

What act and section?

A

s56 CRA 2015

Contract Law (10 decks)

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