Unit 3 - contract terms (consumer rights act)

Question 1

which contracts does CRA apply to

Answer 1

• consume contracts
• consumer notices (contractual or non contractual)

Question 2

a term is only binding on a customer if it is…

Answer 2

fair

Question 3

what is the case for good faith and what does it say

Answer 3

director general of fair trading v first national bank
- terms expressed fully and clearly
- without hidden pitfalls
- appropriate prominence being given to matters which might work disadvantageously to the consumer
- requires supplier not to take advantage, deliberately or unconsciously, of factors indicative of the consumers weaker bargaining position

Question 4

what is the case that talks about the prominence test?

Answer 4

Office of fair trading v abbey national
- price and subject matter are to be narrowly construed

Question 5

can suppliers exclude damage through negligence?

Answer 5

• Not for death or personal injury
• can limit liability for other loss or damage only if it is fair

Question 6

how should contract terms be interpreted

Answer 6

if ambiguous the one most favourable to the consumer