Terms implied by statutue

• what legislations govern contracts between businesses or contracts that are consumer-to-consumer ?

  Sale of Goods act 1979 and the Supply of Goods and Services act 1982
• what does section 13 of the sales of goods act 1979 say?

  Where there is a contract for the sale of goods by description, there is an impliedcondition that the goods will correspond (match) with the description
• What is the ratio of Beale v Taylor?

  It is an example of a claim being successful as Section 13 of the sales of goods act 1979 wasn't followed by the supplier.
• What section of which legislation states that where there is a contract for the sale of goods by description, there is an implied condition that the goods will correspond (match) with the description?

  Section 13 of the sales of goods act 1979
• What are the facts of Beale v Taylor?

  The claimant responded to an advert for a ‘Herald’ convertible white 1961. On inspection he discovered the car was in fact an older model and newer model attached together.
• What case is an example of where a Claimant's claim was successful as the supplier didn't follow section 13 of the sales of goods act 1979?

  Beale v Taylor
• What does section 14 of the sales of goods act 1979?

  Where goods are sold in the course of a business there is an implied condition that those goods will be of a satisfactory quality. Goods will be of a satisfactory quality if they “meet the standard that a reasonable person would deem satisfactory”
• What factors will the courts consider when deciding if a good(s) is of satisfactory quality under section 14 of the sales of goods act 1979?

  Fitness for Purpose, Purpose of which the item is commonly used for, appearance and finish, freedom from minor defects, safety, durability
• What section of which legislation states that where goods are sold in the course of a business there is an implied condition that those goods will be of a satisfactory quality; Goods will be of a satisfactory quality if they “meet thestandard that a reasonable person would deem satisfactory” ?

  Section 14 of the sales of goods act 1979
• what does section 14, sub section 3 of the sales of good act 1979 say?

  It is an implied condition that the goods in question are fit for their purpose. This applies if the buyer expressly or impliedly makes known to the seller the purpose for which the goods are being bought regardless of whether the goods are normally used for that purpose or not.
• What is the ratio of Baldry v Marshall?

  It is an example of section 14 ( 3 ) of the sales of goods act 1979 not being followed, as the product sold had not been deemed fit for it's purpose.
• what does the supply of goods and services act 1982 deal with?

  The supply of goods and services act 1982 deals with services being providedand where goods are also being provided alongside the service
• Which act of parliament deals with services being provided and where goods are also being provided alongside the service?

  The Supply of goods and services act 1982
• What sections of the supply of goods and services act 1982 deal with the description, satisfactory quality and fitness for purpose of the goods?

  Sections 3 and 4
• What does sections 3 and 4 of the supply of goods and services act 1982 deal with?

  it deals with the description, satisfactory quality, fitness for purpose, and goods supplied.
• what does section 13 of the supply of goods and services act 1982 say?

  The supplier will carry out the service with reasonable care and skill. This is based on the tort of negligence.
• what is the ratio of thake v Maurice?

  it is an example of a claim under section 13 of the supply of goods and services act 1982 failing because the Defendant had exercised reasonable care and skill.
• what case is an example of a claim under section 13 of the supply of goods and services act 1982 failing because the Defendant had exercised reasonable care and skill?

  Thake v Maurice
• what does section 14 of the supply of good and services act 1982 say?

  Where the time for the service is not fixed in the contract, the service will be carried out within a reasonable time.
• What case illustrates section 14 of the supply of goods and services act 1982?

  Charnock v Liverpool corporation
• What is the ratio of Charnock v Liverpool corporation?

  It illustrates section 14 of the supply of goods and services act 1982- Where the time for the service is not fixed in the contract, the service will be carried outwithin a reasonable time.
• when does the consumer rights act 2015 apply?

  It applies for consumers when they are making a contract with a business.
• What is the purpose of the consumer rights act 2015?

  The consumer rights act gives rights to the consumer and therefore imposes a duty on the business.
• what does the consumer rights act 2015 define a consumer as?

  an individual acting for the purposes that are wholly or mainly outside that individuals trade, business or profession
• What is special about how a consumer is defined in the consumer rights act 2015?

  The definition provided allows for individuals who enter into contracts for a mixture of business and personal reasons to use that act of parliament.
• According to the consumer rights act 2015, what is a trader ?

  A 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 their behalf
• according to the consumer rights act 2015, what are examples of implied terms that relate to pre-contract information?

  Price of goods incl tax

  Additional delivery charges

  arrangements for payment

  contact details
• what types of contracts does the consumer rights act 2015 apply to?

  Sale, hire and hire purchase
• what does section 9 of the consumer rights act 2015 say?

  Goods must be of satisfactory quality. This means they must meet the standards of the reasonable person. So, Courts will take into account: description, price fitness for purpose, appearance and finish etc.
• What section of which legislation says that Goods must be of satisfactory quality. This means they must meet the standards of the reasonable person. So, Courts will take into account: description, price fitness for purpose, appearance and finish etc..?

  Section 9 of the consumer rights act 2015
• When will section 9 of the consumer rights act 2015 not apply?

  If the defect has been brought to the consumer's attention

  If the consumer examines the goods themself

  The goods were sold after an inspection in which the defect would be APPARENT
• When does section 10 of the consumer rights act 2015 apply?

  It will apply where the consumer makes known to the trader any particular purpose for which the goods will be used. If so, the goods must be fit for that purpose.
• Which section of which legislation applies where the consumer makes known to the trader any particular purpose for which the goods will be used. If so, the goods must be fit for that purpose..?

  Section 10 of the consumer rights act 2015
• what does section 11 of the consumer rights act 2015 relate to?

  It relates to goods matching the description. An implied description can be where the goods are on display or by a model seen by the customer.
• What section of which legislation relates to goods matching their decision, and so an implied description can be where the goods are on display or by a model seen by the customer?

  Section 11 of the Consumer rights act 2015