Implied terms

Question 1

S2 Consumer
Rights Act
2015* (consumer)

Answer 1

A consumer is someone acting for purposes wholly or mainly
outside their business or profession

Question 2

S2 Consumer
Rights Act
2015* (trader)

Answer 2

A trade (business) is anyone acting for purposes relating to their
business or profession

Question 3

British Crane
Hire V Ipswich
Plant Hire

Answer 3

Where terms or usual or customary in a particular type of
contract/trade, it is implied they will be in that type of contract even if
not stated

Question 4

M & S v Paribas

Answer 4

There are two ways to imply by fact: the
business efficacy test and the officious bystander test

Question 5

The Moorcock

Answer 5

The business efficacy test is where it is necessary to imply terms
into a contract because it would be pointless/not work without them,
which the parties would not have intended.

Question 6

Shirlaw v Southern
Foundaries

Answer 6

The officious bystander test is where terms were so obviously
meant to be in a contract that it goes without saying (if an officious
bystander were to suggest the term at the time of the contract being
made, the parties would have said ‘of course that term should be
there’).

Question 7

S9 Consumer
Rights Act 2015

Answer 7

Goods must be of a satisfactory quality – the quality expected by a
reasonable person. This bears in mind factors such as:
Price, description of its quality, fitness for its ordinary purpose,
durability, safety, and if it is free from minor defects

Question 8

S10 CRA 2015

Answer 8

If the seller has recommended goods for a particular purpose, the goods must be fit for that purpose

Question 9

S11 CRA 2015

Answer 9

If goods are sold by description then the goods must match the description given

Question 10

S20 CRA 2015

Answer 10

If one of the implied rights is breached, C can reject the goods and
claim a full refund within the first 30 days

Question 11

S23 CRA 2015

Answer 11

If one of the implied rights is breached, C can ask for a repair or
replacement, which they can do even after the first 30 days

Question 12

S24 CRA 2015

Answer 12

If one of the implied rights is breached, but a repair or replacement is
not possible, then C can still get a refund/discount even after 30
days

Question 13

Irwin v LCC

Answer 13

Judges can imply by law when they feel something should be in a
particular type of contract, even if one of the parties would definitely
not want that term in the contract. This then implies that term into all
future contracts of the same type.