Impied Terms Flashcards
What is meant by terms implied by statute
Law has been consolidated and updated into consumer rights act 2015
What is a consumer
Individual acting for purposes that are wholly or mainly outside the individuals trade business craft or profession
What is a trader
Person acting for purposes relating to that persons trade business craft or profession, whether acting personally through another person acting in the trades name or on the trades behalf
What are the 3 implied terms about goods?
S9 satisfactory, s10 fit for purpose, s11 as described
What is meant by s9 satisfactory quality?
Product must meet the standard which a reasonable person would regard in satisfactory
What is meant by s10 fit for purpose
Usual purpose or any purpose which the consumer made known to the trader
What is the case for s10 fit for purpose
Baldray V Marshall- Bugatti was found not fit for purpose
What is meant by s11 as described
Includes given information and compulsory information
What is the case for s11 as described
Re: Moore and co arbitration- breach of s13- tinned peaches
What are the remedies for a consumer contract if a breach of term
S20- short term right to reject- within 30 days, refund within 14 OR
S23- right to repair or replacement
S24- right to price reduction/ final rejection
What are the implied terms for services
S49, s52
What is s49, and the case?
Service carried out with reasonable care and skill
Wilson V best travel
What is s52?
Service will be carried out within a reasonable time
What are the remedies for implied terms for services
S55 right to require repeat performance
S56 right to price reduction
