Implied Terms

Name the case for the business efficacy test.

(a)  

Name the case for the officious bystander test.

(a)  

"In order to use the presumed intentions of the parties to imply a term into a contract it is necessary to use both the business efficacy and officious bystander case."

• True

• False

Answer explanation

It is not necessary to satisfy both of these tests, one will do - M&S plc v BNP Paribas (2015).

Which one of the following is a correct statement about Spurling v Bradshaw?

• A term was implied into a contract by the  previous course of dealing between the parties.

• A term was implied into a contract by the  presumed intentions of the parties.

• A term was implied into a contract by the Consumer Rights Act 2015.

• A term was implied into a contract by the Unfair Contract Terms Act 1977.

"A consumer's rights under the Consumer Rights Act 2015 cannot be excluded."

• True

• False

Answer explanation

The Consumer Rights Act 2015 does not allow exclusion clauses that cover rights the sale of goods (s31 CRA) or services (s57 CRA).

Filip has a contract with Leon to fix his car. Leon uses the correct parts but does a very bad job in installing them. Which right under Consumer Rights Act 2015 has Filip breached?

• Reasonable care and skill - s49

• Reasonable time - s52

• The right of satisfactory quality - s9

• The right of fitness for a particular purpose - s10

Adil goes into Kira's telescope shop. Adil tells Kira that he needs a telescope that will allow him to see the planet Saturn. Kira advises him to buy a particular telescope. When Adil gets home he realises that it is not powerful enough to see Saturn. Which right under Consumer Rights Act 2015 has Kira breached?

• Reasonable care and skill - s49

• Reasonable time - s52

• The right of satisfactory quality - s9

• The right of fitness for a particular purpose - s10

Dola has a contract with Odera to clear leaves from the gutter at Odera's house. Dola turns up 6 months after the contract was created. In the meantime, the blocked gutters have caused a flood which has damaged Odera's house. Which right under Consumer Rights Act 2015 has Dola breached?

• Reasonable care and skill - s49

• The right to performance within a reasonable time - s52

• The right of satisfactory quality - s9

• The right of fitness for a particular purpose - s10

Jane orders a new mobile phone online from Products Ltd. The phone that arrives is a different colour and model to the one advertised. Which right under Consumer Rights Act 2015 has Products Ltd breached?

• Reasonable care and skill - s49

• The right relating to description - s11

• The right of satisfactory quality - s9

• The right of fitness for a particular purpose - s10

Which ONE of the following is not a way of implying a term through common law.

• s9 Consumer Rights Act 2015

• Term regularly and consistently present on previous occasions

• The business efficacy test

• The officious bystander test