Implied Terms Flashcards
(8 cards)
What does the consumer rights act 2015
Applies contracts between traders and consumers
Implied terms
Terms that are put into contracts by courts in certain circumstances
Express terms
Are specifically identified and agreed by the parties. They are expressed in writing or orally
British crane v Ipswich
Terms can be implied within verbal contracts made between two parties
What’s the two part test for marks and Spencer v paritas
- The test wouldn’t make sense without the term
- Party would obviously want that term
How does consumer rights act 2015 define a consumer
As a party entering into a contract for the purpose mainly outside the individuals business
How does it define a trader
As a purpose acting for purposes relating to that persons business
What do the sections define
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