statue contract terms Flashcards
what is the act relating to this section?
Consumer Rights Act 2015
what sections revolve around the implied terms of supply of goods?
s9, 10 and 11
what is section 9 of the Consumer Rights Act 2015?
-satisfactory quality of goods
-s9(1) - every contract for supply of goods is treated as including a term that the quality is satisfactory
-s9(2) - objective test, quality must meet the standard that a reasonable person would consider satisfactory, taking account of :
-s9(2)(a) - the description of the goods
-s9(2)(b) - the price/consideration
-s9(2)(c) - all other relevant circumstances
-s9(3) - quality of goods includes their state and condition :
-s9(3)(a) - fitness for all the purposes for which goods of that kind are usually supplied
-s9(3)(b) - appearance and finish
-s9(3)(c) - freedom from minor defects
-s9(3)(d) - safety
-s9(3)(e) - durability
-doesn’t cover any defect brought to the consumer’s attention before the contract
what is s10 of the Consumer Rights Act 2015?
-fitness for particular purpose of goods
-if the consumer makes it clear to the trader what they will use the goods for, and they are supplies as such, then the goods must be fit for that particular purpose
-implied term doesn’t apply if the consumer doesn’t rely/ it would be unreasonable to rely on the opinion of the trader
-s10(3) - contract is to be treated as including the term that the goods are reasonably fit for that purpose, whether or not it’s a purpose for which the goods are normally supplied
-s10(5) - a term about the fitness of the goods for a particular purpose may be treated as included as a matter of custom
what is s11 of the Consumer Rights Act 2015?
-description of the goods
-s11(1) - every contract to supply goods by description is to be treated as including a term that the goods will match the description
-s11(2) - if a supply is by sample as well as description, it’s not sufficient that the bulk of the goods matches the sample if some don’t match description
what are the sections of the Consumer Rights Act 2015 that cover remedies for a breach of an implied term (goods)?
s20, 23 and 24
what is s20 of the Consumer Rights Act 2015?
-short-term right to reject
-usually 30 days
-s20(7)(a) - trader has a duty to give the consumer a refund
-s20(7)(b) - consumer has a duty to make the goods available for collection by the trader
s20(10) - consumer is entitled to receive back the amount of money they paid
what is s23 of the Consumer Rights Act 2015?
-right to a repair or replacement
-s23(2)(a) - repair/replace in a reasonable time and without significant inconvenience to the consumer
-s23(2)(b) - trader has to bear any costs in doing so
-a consumer that agrees to a repair can’t require the trader to replace the goods/exercise short-term right to reject, unless the trader is given a time-frame for repair
what is s24 of the Consumer Rights Act 2015?
-right to a price reduction or final right to reject
-s24(1)(a) - right to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract
-s24(1)(b) - right to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount
-s24(5) - a consumer who has the right to a price reduction and the final right to reject may only exercise ONE
what sections cover implied terms for supply of services?
s49 and s52
what is s49 of the Consumer Rights Act 2015?
-reasonable care and skill to supply of services
-s49(1) - every contract to supply services is to be treated as including a term that the trader must perform the service with reasonable care and skill
what is s52 of the Consumer Rights Act 2025?
-performance within a reasonable time to supply of services
-s52(1)(a) - applies if the contract doesn’t expressly fix the time for the service to be performed and doesn’t say how it is to be fixed
-s52(1)(b) - and if info that is the be treated under s50 as included in the contract doesn’t fix the time either
-s52(2) - in that case the contract is to be treated as including a term that the trader must perform the service in a reasonable time
-s52(3) - what is a ‘reasonable time’ is a question of fact
what sections cover remedies for a breach of implied terms (services)?
s55 and s56
what is s55 of the Consumer Rights Act 2015?
-right to repeat performance for the supply of services
-s55(1) - the right is to require the trader to perform the services again to the extent necessary to complete its performance in conformity with the contract
-s55(2)(a) - trader must provide it within a reasonable time and without significant inconvenience to the consumer
-s55(2)(b) - trader must bear any necessary costs incurred in doing so
what is s56 of the Consumer Rights Act 2015?
-rights to a price reduction for the supply of services
-s56(1) - a right to require the trader to reduce the price to the consumer by a reasonable amount (and right to a refund for anything already paid above the reduced price)
-s56(2) - the amount can be the full price
