Statutory Implied Terms

Question 1

Where are statutory implied terms set out?

Answer 1

Consumer Rights Act 2015 (CRA)

Question 2

What does Section 9(1) of the Consumer Rights Act 2015 state?

Answer 2

Every contract to supply goods includes a term that the goods must be of satisfactory quality.

Question 3

What does Section 9(2) of the Consumer Rights Act 2015 explain?

Answer 3

Goods are satisfactory if they meet the standard that a reasonable person would find satisfactory,
taking into account the

a. description,
b.price, and
c. other relevant circumstances.

Question 4

What aspects does section 9(3) consider

Answer 4

Section 9(3)(a) / Fitness for all the purposes for which goods of that kind are usually supplied.

Section 9(3)(b) / Appearance and finish.

9(3)(c) / Freedom from minor defects.

9(3)(d) / Safety.

9(3)(e) / Durability.

Question 5

What does Section 9(4) of the Consumer Rights Act do?

Answer 5

Excludes certain things from the satisfactory quality term under section 9(1).
- a) Anything specifically drawn to the consumer’s attention before the contract was made.
- b) Anything a reasonable examination by the consumer would have revealed.
- c) Anything apparent on reasonable examination of a sample in contracts to supply goods by sample

Question 6

What does Section 9(5) of the Consumer Rights Act say?

Answer 6

Relevant circumstances include any public statement about the goods’ specific characteristics made by the trader, producer, or their representatives.

Question 7

What does Section 9(6) of the Consumer Rights Act clarify?

Answer 7

Such public statements include those made in advertising or labelling.

Question 8

What does Section 10(3) of the Consumer Rights Act 2015 provide? - i began with 3 instead of 1 bcs it is centered around 3

Answer 8

The contract is treated as including a term that the goods are reasonably fit for that purpose, whether or not that purpose is one for which such goods are usually supplied.

Question 9

What does Section 10(1) of the Consumer Rights Act 2015 say?

Answer 9

Subsection 3 applies to contracts to supply goods if, before the contract is made, the consumer makes known to the trader - expressly or by implication - any particular purpose for which the goods are required.

Question 10

What does Section 10(4) of the Consumer Rights Act 2015 state?

Answer 10

Subsection 3 does not apply where the consumer does not rely, or it would be unreasonable to rely, on the trader’s skill or judgment

Question 11

What does Section 10(5) of the Consumer Rights Act 2015 say?

Answer 11

A term about fitness for purpose can be implied by custom.

Question 12

What does Section 11(1) of the Consumer Rights Act 2015 state?

Answer 12

Every contract to supply goods by description is treated as including a term that the goods will match the description.

Question 13

What does Section 11(2) of the Consumer Rights Act 2015 provide?

Answer 13

If goods are supplied by both sample and description, they must match both; matching the sample alone is not enough.

Question 14

According to Section 11(3), when is a supply of goods still considered ‘by description’?

Answer 14

A supply is by description even if the goods are displayed for sale and chosen by the consumer.

Question 15

What does Section 11(4) of the Consumer Rights Act 2015 say?

Answer 15

Any information provided by the trader about the goods’ main characteristics (as in Schedules 1 or 2 of the 2013 Regulations) is treated as a term of the contract.

Question 16

What does Section 11(5) of the Consumer Rights Act 2015 state?

Answer 16

Any change to that information, before or after the contract, is not effective unless expressly agreed by both parties.

Question 17

What does Section 19(14) of the Consumer Rights Act 2015 provide?

Answer 17

any defect found within six months of delivery are presumed to have been there on the delivery date.

Question 18

What does Section 20 of the Consumer Rights Act 2015 establish?

Answer 18

The consumer has a 30-day short-term right to reject goods that breach statutory implied terms.

Question 19

What does Section 19(19) of the Consumer Rights Act 2015 say?

Answer 19

Consumers may still pursue common-law remedies in addition to the statutory ones.

Question 20

What must the trader do under Section 23(2)?

When can a trader refuse repair or replacement under Section 23(3)?

Answer 20

Repair or replace within a reasonable time, without significant inconvenience, and at their own cost. (6 months remedy)

If the remedy is impossible or disproportionate compared to the alternative.

Question 21

What does Section 24 of the Consumer Rights Act 2015 cover?

When can a consumer use Section 24 remedies?

What limitation does Section 24(1) impose?

Answer 21

The consumer’s right to a price reduction or final right to reject goods.

After one failed repair/replacement, when repair/replacement is impossible, or when not done within a reasonable time.

The consumer may choose only one final remedy—either price reduction or rejection—not both.

Question 22

What does Section 31 of the Consumer Rights Act 2015 state?

Answer 22

A trader cannot exclude or restrict liability under sections 9, 10, or 11 in consumer contracts. Any clause trying to remove these rights is void and unenforceable.

Question 23

What does Section 49 require? What is the standard under Section 49?

Answer 23

Services must be performed with reasonable care and skill. Comparable to that of a reasonably competent professional in the same trade.

Question 24

What does Section 52 state?

Answer 24

If no time for performance is fixed, the trader must perform the service within a reasonable time. ‘reasonable time’ is a question of fact based on the nature and context of the service.

Question 25

What does Section 55 of the Consumer Rights Act 2015 provide? What obligations does Section 55(2) place on the trader? When is repeat performance unavailable under Section 55(3)?

Answer 25

The consumer has the right to require repeat performance of a service not done with reasonable care and skill. Must repeat performance within a reasonable time, without significant inconvenience, and at their own cost. When completing performance in conformity with the contract is impossible.

Question 26

What does Section 56 of the Consumer Rights Act 2015 cover?

Answer 26

The right to a price reduction for services not performed properly.

Question 27

When can the consumer claim a price reduction under Section 56(3)?

Answer 27

If repeat performance is impossible or not provided within a reasonable time

Question 28

What refund rule is stated in Section 56(4)?

Answer 28

Refund must be given without undue delay and within 14 days of agreement.

Question 29

What does Section 57 of the Consumer Rights Act 2015 state?

Answer 29

A trader cannot exclude liability for failing to perform services with reasonable care and skill (s.49).

Question 30

What does Section 65 of the Consumer Rights Act 2015 provide?

Answer 30

A trader cannot exclude or restrict liability for death or personal injury resulting from negligence.

Question 31

Questions steps

Answer 31

Is it consumer trader.is it mixed or just goods services/digital content Apply cra goods Apply remedies Apply services cra Apply remedies Consider common law poussards v species Dismiss exclusions check for privity