CRA

Question 1

definition

Answer 1

applies to all contracts between consumers and traders/businesses
covers all contracts for goods, service’s and mixed contracts

Question 2

goods S9

Answer 2

satisfactory quality (objective test)
what a reasonable man would consider satisfactory S9(2)
- given the price, description, freedom from minor defects, fitness for purpose S9(3)

Question 3

S9 not apply if

Answer 3

• fault is drawn to consumers attention before contract is made
• by examining goods, should have revealed the fault
• if goods were supplied by sample, a reasonable examination would have revealed the fault

Question 4

S10 (1)

Answer 4

fitness for purpose
-if buyer makes known a particular purpose for the goods, the purpose is obvious or the salesperson recommended the goods, then there is an implied term that the goods will be fit for purpose

Question 5

s10 (2)

Answer 5

• if the goods were recommended by the trader then the consumer must have relied on the skill and judgement of the trader and it must have been reasonable for them to do this (baldry v marshall)

Question 6

s11

Answer 6

good must be as described, this can be an implied description for example goods on display must match that display

Question 7

S11 SR

Answer 7

how good are packaged (moore & co LTD)

Question 8

exclusion clause

Answer 8

to be valid must be incorporated by signature (curtis v chemical cleaning), notice (olley v marlborough court hotel), previous course of dealing (hollier v rambler motors)
however under s31 a trader cannot exclude or limit liability in regards to S9,10,11

Question 9

S20 remedy

Answer 9

short term right to reject the goods and claim a full refund within 30 days of delivery, the trader must bear any reasonable costs of returning the goods

Question 10

S23

Answer 10

right to repair and replacement, the trader must repair and replace within a reasonable time, without significant inconvenience to the consumer and bear all costs in doing so

Question 11

S24

Answer 11

right to a price reduction or final right to reject, allowed after a repair and replacement if the goods still do not conform to the contract

Question 12

services S49

Answer 12

reasonable care and skill, same standard as in negligence, the skill or an ordinary competent person
standard is higher for those with special care and expertise (thake v maurice)

Question 13

52

Answer 13

performance within a reasonable amount of time
where the contract does not specify a time, what is a reasonable time is a question of fact which will depend on the circumstances

Question 14

exclusion clause section

Answer 14

S57

Question 15

S55

Answer 15

right to a repeat performance, in accordance with the contract
this must be done within a reasonable amount of time, without significant inconvenience to the consumer and the trader must bear all necessary costs

Question 16

S56

Answer 16

right to a price reduction for the traders failure to perform
this could be giving a refund up to the full contract price, must be given within 14 days