Contract - terms: exclusion and limitation clauses - The Consumer Rights Act 2015

Question 1

What does CRA 2015 cover?

Answer 1

Contract between trader and consumers

Question 2

What does CRA 2015 include?

Answer 2

Fairness test for enforceability of terms and consumer notices
Main subject matter of contract that sets prices are only exempt from test if they’re transparent and prominent
Grey list of potentially unfair clauses in consumer contracts

Question 3

What is excluded/limiting liability with sales of goods?

Answer 3

S.9
S.10
S.11
S.14
S.15
S.16
S.17

Question 4

What does S.9 state?

Answer 4

Can’t exclude that good be of satisfactory quality

Question 5

What does S.10 state?

Answer 5

Can’t exclude goods be fit for a particular purpose

Question 6

What does S.11 state?

Answer 6

Can’t exclude goods be as described

Question 7

What does S.14 state?

Answer 7

Can’t exclude that goods match model seen/examined

Question 8

What does S.15 state?

Answer 8

Can’t exclude installation as part of conformity of goods with contract
Can’t exclude liability for installation being done incorrectly

Question 9

What does S.16 state?

Answer 9

Digital items must match what is listed too

Question 10

What does S.17 state?

Answer 10

Can’t supply good which don’t belong to them

Question 11

What is excluded/limited for supply of goods?

Answer 11

S.49
S.50
S.51
S.52

Question 12

What does S.49 state?

Answer 12

Service must be performed with reasonable care and skill

Question 13

What does S.50 state?

Answer 13

Info about trader/service to be binding

Question 14

What does S.51 state?

Answer 14

Reasonable price to be paid for service

Question 15

What does S.52 state?

Answer 15

Service must be performed in a reasonable time

Question 16

What does S.65 do?

Answer 16

Prohibits exclusion/restictions of liability for death/PI resulting from negligence

Question 17

What does S.62 state?

Answer 17

Requirement that all consumer terms and notices must be fair
Unfair - something that puts consumer at a disadvantage
Courts need to take into account specific circumstances, nature of subject matter of contract

Question 18

What is some AO3 for taking into account specifics of each individual case?

Answer 18

More fairer
Upholds public policy as decide outcome
Difficult for laeyrrs to advise clients

Question 19

What does the grey terms include?

Answer 19

Disproportionate financial situations
Binding consumers to hidden terms
Retaining payments after consumer cancellation

Question 20

What isn’t subject to the fairness test?

Answer 20

Main subject matter of contract
Terms that set the price

Question 21

What is transparent?

Answer 21

In plain intelligible language and legible

Question 22

What is prominent?

Answer 22

Brought to consumer’s attention in such a way that the average consumer would be aware of term

Question 23

What must written terms be?

Answer 23

Transparent

Question 24

What are all communications/announcements assumed to be?

Answer 24

Heard or seen by consumer

Question 25

What is some AO3 for Conclusion?

Answer 25

Effective - made by P, upholds PS, and public policy as they’re democratically elected
But leads to injustice as judges can’t be flexible