Statute For Contract Flashcards
How statute implies terms into business contracts
(3 acts)
Business- business/ consumer- consumer
Use SGA/ SGSA
Business -consumer
Use CRA2015 for contracts after October 2015
SGA 1979 (sale of goods)
S13(1)correspond with description
S14(2)- satisfactory quality
S14(3)- fit for purpose
SGSA 1982)supply of goods and services act
(part 2-supply of services)
S13- supplier will use reasonable care and skill
S14- performed within a reasonable time
S15-person will pay a reasonable charge for service
And CRA 2015
Consumer Rights Act 2015, part 1
Definitions of-
Consumer
Trader
Consumer
- an individual acting for purposes that are wholly or mainly outside that individuals trade, business, craft or profession
Trader
- person acting for purposes relating to that persons trade, business, craft or profession, whether Acting personally or through another person acting in the traders name or on the traders behalf
How terms may be implied into consumer contracts by statute
Relating to to the supply of goods in CRA 2015
(Goods sold)
(3)
Use only for business- consumer (not consumer/consumer or business/business)
S9- satisfactory quality
S10- fit for purpose
S11- as described
How terms may be implied into consumer contracts
Relating to supply of digital content in CRA 2015
Use only for business- consumer (not consumer/consumer or business/business)
(4)
Applies even if free (s33(2) or for a price (s33(1))
S34-satisfactory quality
S35-fit for particular purpose
S36-content as described
How terms may be implied into consumer contracts
Relating to supply of services in CRA 2015
(4)
Use only for business- consumer (not consumer/consumer or business/business)
S49- reasonable care and skill
S50-info re trader and service to be binding
S51- reasonable price paid
S52- service within a reasonable time
There are 2 types of misrepresentation under the Misrepresentation Act 1967
They are…
Which remedies and S numbers?
DEFINITIONS of both in S 2(1)!!!!
(Negligent and innocent)
Remedies diff numbers though….
Neg Misrep damages in S 2(1)
Inn Misrep damages in S 2 (2)
The Law Reform (Frustrated Contracts) Act 1943
What does s1(2) say?
Money paid before the frustrating event is recoverable by the payer, and the payer also doesn’t need to pay any sums of money due (PAYER RULE)
AND
The payee may be allowed to retain/recover some/all money paid/owed under the contract if he has incurred expenses in the performance of the contract and the court thinks it just to allow this (PAYEE RULE)
Case law gamerco 1995
Remedies for breach under Consumer Rights Act 2015
Relating to goods
Use only for business- consumer (not consumer/consumer or business/business)
(3)
S19 -right to enforce terms about the goods
S20-22 short term right to reject (up to30 days)
S23- right to repair or Replacement
S24- right to price reduction or final right to reject
Remedies for breach under CRA 2015
Relating to digital media
Use only for business- consumer (not consumer/consumer or business/business)
(4)
S43- right to repair or replacement
S44- right to price reduction
S45 - right to refund
S46- remedy for damage to device or to other digital content
Remedies for breach under CRA 2015
Relating to services
Use only for business- consumer (not consumer/consumer or business/business)
(2)
S55- right to repeat performance
S56- right to price reduction
S19-24 CRA 2015
Remedies if stat rights under a goods contract not met…
Use only for business- consumer (not consumer/consumer or business/business)
(4)
S19- Right to enforce terms about goods
S20- 22 right to reject(30 days)
S23- right to repair/replacement
S24- right to price reduction or final right to reject
S11 UCTA
What does this say?
The term must be a fair and reasonable one to include in the contract.
This is judged by all the circumstance which were known, or ought to have been known or in the contemplation of the parties
The fairness and reasonableness is decided at the time the contract is entered - not with hindsight
Where the term is restricting rather than excluding liability regard is to be had to the resources of the party seeking to rely on the term and the availability of insurance.
The burden is on the party seeking to enforce the term to show that it was fair and reasonable.
Sch 2 unfair contract terms act 1977
Re reasonableness test in s11 UCTA
The strength of the bargaining positions of the parties taking into account alternative suppliers available to the purchaser.
Whether the customer received an inducement to accept the term.
Whether the customer knew/ought to have known of the term and whether such terms are in general use in a particular trade.
Where exclusion relates to non-performance of a condition whether it was reasonably practicable to comply with the condition.
Whether the goods were made or adapted to the special order of the customer
