terms implied by statute

• terms implied by statute

  (Consumer Rights Act 2015) - this act applies to to contracts etween consumers and traders
• statute terms s.2

  • trader - a person acting for purposes relating to that person's trade, business, craft and profession
  • consumer - an individual acting for purposes that are wholly or mainly outside that individuals trade, business, craft or profession
• supply of goods, all products must meet the following standards

  s.9 - the rights of satisfactory quality

  s.10 - the right of fitness for purpose

  s.11 - the right relation to description
• s.9 the right of satisfactory quality

  goods should not be faulty or damaged when you recieve them. you should ask what a reasonable person would consider satisfactory for the goods in question
• s.10 the right of fitness for purpose

  the goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods

  (Baldry v Marshall)

  (Grant v Australian Knitting Mills) - no need to state a purpose when the goods are being bought for their normal use
• s.11 the right relating to description

  the goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase (Re Moore & Landauer's Arbitration)
• supply of services

  s.49 the trader must perform the service with reasonable care and skill (Thake v Maurice)

  s.50 information that is spoken or witten is binding where the consumer relies on it

  s.51 where the price is not agreed beforehand the service must be provided for a reasonable price

  s.52 unless a particular timescale for performing the service is agreed, the service must be carried out in a reasonable time