2: Implied by statute

Question 1

When was the consumer rights act?

Answer 1

2015

Question 2

Which sections establish physical products and breach for consumers?

Answer 2

s9/10/11

Question 3

CRA:What does s9 establish?

Answer 3

• s9(1) :satisfactory quality of goods
• s9(2): The test for ‘satisfactory’ is an objective test
• s9(3): The test is defined as would the good/service “meet the standard that a reasonable person consider satisfactory, including fitness for purpose, be free from minor defects and be safe

Question 4

CRA: What does s10 establish?

Answer 4

fitness for particular purpose of goods - the goods should do what they were supplied to do.

Question 5

CRA: What does section 11 establish?

Answer 5

• s(11)1 says that contract includes term that goods will match description
• s(11)2 says above applies even when only some goods do not

Question 6

Which sections in the consumer rights act establish remedies for breach?

Answer 6

s20/23/24

Question 7

CRA: what does section 20 establish?

Answer 7

short-term right to reject
The consumer has the right to reject goods for 30 days for any reason at all or none.

Question 8

CRA: What does section 23 establish?

Answer 8

Section 23: right to repair or replacement (within six months)
- s23(2)(a) - trader must do so in reasonable time without significant inconvenience to the consumer
- s23(2)(b) - the trader must bear the cost
- s23(3) - consumer cannot insist on repair or replacement if impossible or disproportionate to other.

Question 9

CRA: What does section 24 establish?

Answer 9

After s23, right to a price reduction or final right to reject

Question 10

CRA: what sections are used if it is a service?

Answer 10

s49/52/55/56

Question 11

CRA: What does s49 establish?

Answer 11

reasonable care and skill to supply services

Question 12

CRA: What does section 52 establish?

Answer 12

performance within a reasonable time to supply of services

Question 13

CRA: what does section 55 establish?

Answer 13

right to repeat performances for the supply of services (until they get it right)

Question 14

CRA: What does section 56 establish?

Answer 14

If services not done per s49/52 right to a price reduction for the supply of services

Question 15

When was the unfair contract terms act?

Answer 15

1977

Question 16

UCT: What section is used for void exclusion clauses?

Answer 16

section2(1)

Question 17

UCT: What does s2(1) state?

Answer 17

a party cannot rely on an exclusion clause that tries to exclude or restrict their liability for death or personal injury resulting from negligence

Question 18

UCT: what sections are used for terms that are valid if reasonable?

Answer 18

s2(2)
s3
s11(1)

Question 19

UCT: What does s2(2) state?

Answer 19

in the case of other loss or damage, a person cannot exclude or restrict their liability for negligence except when the term or notice satisfies the requirements of reasonableness

Question 20

UCT: What does s3 state?

Answer 20

where a consumer deals on a business’s standard form of contract, the business cannot exclude liability for breach, or provide a substantially different performance, or no performance at all, of the contract unless it’s actions satisfy the test of reasonableness.

Question 21

UCT: What does s11(1) state?

Answer 21

‘the term shall have been a fair and reasonable one to be included having regards to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made.

Question 22

When was the law reform act?

Answer 22

1943

Question 23

What was the law reform act made for?

Answer 23

• frustration in contract law
• to address some of the unfairness of the common law doctrine

Question 24

What does the law reform act state?

Answer 24

✚ any money already paid before the frustrating event is recoverable
✚ any money payable before the frustrating event is no longer owed
✚ where any expenses have occurred, payment can be ordered by the court
✚ if any valuable benefit has been obtained, payment may be ordered by the
court.