LAW P3 CONTRACT (CRA 2015) Flashcards
(14 cards)
What is section 9 CRA 2015?
S9 - Goods to be of satisfactory quality
CASE - Rodger v Parish, the vehicle did not have a quality that could render it merchantable
The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of:
- any description of the goods
- the price of other consideration for the goods
- the quality of goods includes their state and condition
including:
- appearance and finish
- safety
- durability
- freedom from minor defects
- fitness for all the purposes for which goods of that kind are usually supplied
What is S10 CRA 2015?
S10 - Goods to be fit for particular purpose
Goods must be fit for the purpose the consumer made known to the seller, whether expressly or impliedly.
CASE - Baldry v Marshall, the car turned out to be unsuitable for the plaintiff’s purposes so he rejected it.
What is S11 CRA 2015?
S11 - Goods to be as described
Every contract to supply goods by description is to be treated as including a term that the goods will match the description.
CASE - Re Moore and Landauer, the buyer could reject the consignment because of the breach of S11 (goods must correspond with the description)
What are the remedies for CRA 2015?
S20 - Right to reject
S22 - Short term right to reject
S23 - Right to repair or replacement
S24 - Right to price reduction or final right to reject
What is S20 CRA 2015?
S20 - Right to reject
This entitles the consumer to reject the goods and treat the contract as at an end.
The right is excercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end.
The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.
CASE - Grant v Australian knitting mills, if the goods are defective the buyer is entitled to reject
What is S22 CRA 2015?
S22 - Time limit for short term right to reject
A consumer who ahas the short term right to reject loses it if the time limit for exercising it passes without the consumer excercising it.
CASE - Roger v Parish, if goods are not of satisfactory quality, it entitles the buyer to reject the goods within a reasonable time
What is S23 CRA 2015?
S23 - Right to repair replacement
If the consumer requires the trader to repair or replace the goods, the trader must:
- do so within a reasonable time and without significant to the consumer
- bear any necessary costs incurred in doing so
The consumer cannot require the trader to repair or replace the goods if that remedy:
- is impossible
- is disproportionate compared to the other of those remedies
CASE - Bernstein v Pamson motors, before rejecting goods the buyer may be entitled to have defective goods repaired or replaced
What is S24 CRA 2015?
S24 - Right to price reduction or final right to reject
The right to a price reduction is the right:
- To require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract
- To recieve a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount
- The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to transfer
CASE - Jackson v Horizon holidays ltd, the claimant can recover damages or price reduction when goods or services fail to meet contractual terms
What is S31 CRA 2015?
S31 - Liability that cannot be excluded or restricted
A term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability arising under any of the sections of CRA 2015
CASE - Karsales ltd v Wallis, fundamental terms of a contract cannot be excluded or limited by unfair clauses
What is S49 CRA 2015?
S49 - A service must be performed with reasonable care and skill
The service provider must carry out the service with the standard of care and skill that a reasonable person would expect.
CASE - Wilson v Best travel, in that all accommodation offered by the defendant should conform to the British safety standard.
What is S52 CRA 2015?
S52 - The service must be performed within a reasonable time
If the contract does not specify a time for completing the service, it must be done within a reasonable time under the circumstances.
CASE - Taylor v Webb, services must be completed within a reasonable time if no deadline is specified
What is S55 CRA 2015?
S55 - The right to repeat performance
If a service does not meet the contract terms (e.g., lack of reasonable care or skill), the consumer can require the service provider to perform the service again to the proper standard.
CASE - J&P Coats Ltd v Martin, The customer was entitled to have defective service redone to meet the contractual standard
What is S56 CRA 2015?
S56 - The right to price reduction
If repeat performance is not possible or not done within a reasonable time, the consumer can demand a reduction in the price paid for the service.
CASE - Jackson v Horizon holidays Ltd, The claimant received damages or price reduction where services did not meet the contractual terms
What is S65 CRA 2015?
S65 - Bar on exclusion or restriction of negligence liability
Service providers cannot exclude or limit their liability for negligence causing death or personal injury. Other negligence liabilities can only be excluded or limited if it is fair and reasonable.
CASE - Smith v Eric S bush, exclusion of liability must be fair and reasonable
