Implied Terms Flashcards

(8 cards)

1
Q

What does the consumer rights act 2015

A

Applies contracts between traders and consumers

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2
Q

Implied terms

A

Terms that are put into contracts by courts in certain circumstances

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3
Q

Express terms

A

Are specifically identified and agreed by the parties. They are expressed in writing or orally

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4
Q

British crane v Ipswich

A

Terms can be implied within verbal contracts made between two parties

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5
Q

What’s the two part test for marks and Spencer v paritas

A
  1. The test wouldn’t make sense without the term
  2. Party would obviously want that term
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6
Q

How does consumer rights act 2015 define a consumer

A

As a party entering into a contract for the purpose mainly outside the individuals business

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7
Q

How does it define a trader

A

As a purpose acting for purposes relating to that persons business

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8
Q

What do the sections define

A

Section 9- the judge will take into account satisfactory quality
Section 10- goods must be fit for purpose
Section 11- the good must fit the description

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