part 2

• What are the two types of terms in a contract?

  Express terms and implied terms
• What are express terms in a contract?

  Terms stated by the parties, either in writing, orally, or a combination of both
• What are implied terms in a contract?

  Terms that are not actually stated but are implied by the courts or by statute
• Why are courts generally reluctant to imply terms into contracts?

  Because they prefer to uphold the express terms agreed upon by the parties
• What is the significance of the case Liverpool City Council v Irwin (1977)?

  It illustrates the court's willingness to imply terms necessary for the contract to function
• What is the 'officious bystander' test?

  A test to determine if a term is so obvious that it goes without saying in a contract
• What are the two prerequisites for terms implied by law according to Denning in Shell v Lostock Garage (1977)?

  1. The contract must be of a common type; 2) There must be a clear gap in the contract
• What does section 12 of the Sale of Goods Act 1979 imply?

  That the seller has the right to sell the goods
• What does section 14 of the Sale of Goods Act 1979 state about satisfactory quality?

  Goods must meet the standard that a reasonable person would regard as satisfactory
• What aspects are included in the quality of goods under section 14 of the Sale of Goods Act 1979?

  • Fitness for purpose\n- Appearance and finish\n- Freedom from minor defects\n- Safety\n- Durability
• What does section 15 of the Sale of Goods Act 1979 imply about sales by sample?

  That goods will correspond with the sample in quality and be free of defects not apparent on reasonable examination
• What does section 13(1) of the Supply of Goods and Services Act 1982 imply?

  That the supplier will carry out the contract with reasonable care and skill
• What does section 9 of the Consumer Rights Act 2015 state about goods?

  That goods supplied to a consumer must be of satisfactory quality
• What rights does the Consumer Rights Act 2015 give consumers regarding refunds?

  Consumers have 30 days to get a refund, after which they must allow the retailer to fix the problem
• What are the key terms implied by the Consumer Rights Act 2015?

  • Goods to be of satisfactory quality
  • Goods to be fit for particular purpose
  • Goods to match the description
  • Goods to match a sample
  • Goods to match a model seen or examined
  • Trader to have the right to supply the goods
  • Service to be performed with reasonable care and skill
  • Information about the trader or service to be binding
  • Reasonable price to be paid for a service
  • Service to be performed within a reasonable time
• What are the consumer's rights regarding digital content under the Consumer Rights Act 2015?

  • Digital content to be of satisfactory quality
  • Digital content to be fit for particular purpose
  • Digital content to be as described
  • Trader’s right to supply digital content
• What are the consumer's rights to enforce terms about goods and services under the Consumer Rights Act 2015?

  • Right to reject goods
  • Right to repair or replacement
  • Right to price reduction
  • Right to repeat performance for services
• What is the main purpose of the Consumer Rights Act 2015?

  To consolidate and simplify previous legislation on consumer rights
• What is the role of Alternative Dispute Resolution in consumer rights?

  To settle disputes between consumers and retailers quickly and cheaply
• What happens if a retailer fails to fix a problem after 30 days?

  The consumer still has the right to a refund
• What is the implication of the term "reasonable care and skill" in the context of services?

  It means that the service must be performed to a standard that a reasonable person would expect
• What does section 34 of the Consumer Rights Act 2015 state about digital content?

  That digital content must be of satisfactory quality
• What does section 49 of the Consumer Rights Act 2015 require from a trader providing a service?

  That the trader must perform the service with reasonable care and skill
• What does section 51 of the Consumer Rights Act 2015 state about pricing for services?

  That where no price is fixed, the consumer must pay a reasonable price for the service
• What does section 52 of the Consumer Rights Act 2015 require regarding the timing of service performance?

  That where no time is fixed, the trader must perform the service within a reasonable time