Trader-consumer exclusion clauses

Question 1

Trader-consumer contracts are controlled by what?

Answer 1

Consumer Rights Act 2015

Question 2

Consumer Rights Act 2015

Answer 2

controls trader-consumer contracts

Question 3

S.62

Answer 3

All terms must be fair and the Schedule 2 greylist must be considered

Question 4

All terms must be fair and the Schedule 2 greylist must be considered

Answer 4

S.62

Question 5

Schedule 2 grey list includes terms that are what?

Answer 5

• Not transparent
• Not proportionate
• Allow the trader to change the price

Question 6

• Not transparent
• Not proportionate
• Allow the trader to change the price

Answer 6

Schedule 2 grey list terms

Question 7

S.65

Answer 7

Traders are prohibited from excluding liability for death or personal injury

Question 8

Traders are prohibited from excluding liability for death or personal injury

Answer 8

S.65

Question 9

S.31

Answer 9

cannot exclude or limit liability for S.9, 10, 11, 14 or 15

Question 10

cannot exclude or limit liability for S.9, 10, 11, 14 or 15

Answer 10

S.31

Question 11

S.57

Answer 11

cannot exclude or limit liability for S.49 or 52

Question 12

cannot exclude or limit liability for S.49, 50, 51 or 52

Answer 12

S.57

Question 13

S.9

Answer 13

satisfactory quality

Question 14

satisfactory quality

Answer 14

S.9

Question 15

What is ‘satisfactory quality’?

Answer 15

Meets the standards of what a reasonable person would consider satisfactory, taking into account description, price and other circumstances

Question 16

S.10

Answer 16

fitness for a particular purpose

Question 17

fitness for a particular purpose

Answer 17

S.10

Question 18

goods to be a described

Answer 18

S.11

Question 19

S.11

Answer 19

goods to be a described

Question 20

Implied terms for goods

Answer 20

• S.9
• S.10
• S.11
• S.14
• S.15

Question 21

• S.9
• S.10
• S.11
• S.14
• S.15

Answer 21

Implied terms for goods

Question 22

Implied terms for services

Answer 22

• S.49
• S.52

Question 23

• S.49
• S.52

Answer 23

Implied terms for services

Question 24

S.49

Answer 24

reasonable care and skill

Question 25

reasonable care and skill

Answer 25

S.49

Question 26

S.52

Answer 26

performance within a reasonable time

Question 27

performance within a reasonable time

Answer 27

S.52

Question 28

S.14

Answer 28

goods to match a model seen or examined

Question 29

goods to match a model seen or examined

Answer 29

S.14

Question 30

S.15

Answer 30

correct installation if it forms part of the contract

Question 31

correct installation if it forms part of the contract

Answer 31

S.15

Question 32

Service remedies sections

Answer 32

S.55 S.56

Question 33

S.55

Answer 33

Right to require repeat performance

Question 34

Right to require repeat performance

Answer 34

S.55

Question 35

S.56

Answer 35

Right to a price reduction

Question 36

Right to a price reduction

Answer 36

S.56

Question 37

S.56 is only available when...

Answer 37

- repeat performance is unavailable OR - repeat performance not completed in reasonable time

Question 38

Product remedies sections

Answer 38

S.20 S.23 S.24

Question 39

S.20

Answer 39

Rejection within 30 days of delivery (less with perishable goods)

Question 40

S.23

Answer 40

right to repair or replacement

Question 41

Rejection within 30 days of delivery (less with perishable goods)

Answer 41

S.20

Question 42

right to repair or replacement

Answer 42

S.23

Question 43

S.24

Answer 43

Right to a price reduction or final right to reject

Question 44

A refund must be given within what time?

Answer 44

14 days of the trader agreeing to refund

Question 45

Right to replacement must be...

Answer 45

- in reasonable time - without inconvenience to the consumer - not to the expense of the consumer

Question 46

Unless the trader can prove otherwise, a fault discovered in the first six months after purchase is presumed to be...

Answer 46

there since the time of purchase