Terms Quiz Group B

What is an express term in a contract?

• A term implied by the court

• A term explicitly stated and agreed between the parties

• A term that is assumed to be included by statute

• A term that is not written but understood

Answer explanation

An express term in a contract is a term explicitly stated and agreed between the parties. This distinguishes it from implied terms, which are not directly stated but assumed or inferred.

Which statute implies terms into contracts between traders and consumers?

• Sale of Goods Act 1979

• Consumer Rights Act 2015

• Unfair Contract Terms Act 1977

• Misrepresentation Act 1967

Answer explanation

The Consumer Rights Act 2015 implies terms into contracts between traders and consumers, ensuring that consumers receive goods and services that meet certain standards and rights.

Under the Consumer Rights Act 2015, what is the definition of a trader?

• A person acting for purposes outside of their trade, business, craft, or profession

• A person acting for purposes related to a trade, business, craft, or profession

• A person who buys goods for personal use

• A person who sells goods occasionally

Answer explanation

Under the Consumer Rights Act 2015, a trader is defined as a person acting for purposes related to a trade, business, craft, or profession, distinguishing them from consumers who act for personal use.

What does section 9 of the Consumer Rights Act 2015 imply about goods?

• Goods must be fit for a particular purpose

• Goods must be as described

• Goods must be of satisfactory quality

• Goods must be free from minor defects

Answer explanation

Section 9 of the Consumer Rights Act 2015 states that goods must be of satisfactory quality, meaning they should meet the standards that a reasonable person would expect, including being safe and durable.

In the case of Rogers v Parish (1987), what was the court’s conclusion?

• The goods were fit for purpose

• The goods were of satisfactory quality

• The goods matched the description

• The goods were not fit for purpose

Answer explanation

In Rogers v Parish (1987), the court concluded that the goods were not fit for purpose, as they failed to meet the specific requirements expected by the buyer, highlighting the importance of suitability in sales.

What is the remedy under section 20 of the Consumer Rights Act 2015?

• The right to repair or replacement

• The right to a price reduction

• The short-term right to reject

• The right to damages

Answer explanation

Under section 20 of the Consumer Rights Act 2015, consumers have the short-term right to reject goods that are faulty or not as described, allowing them to return the product for a full refund.

What must a consumer prove if a fault is discovered after six months of delivery?

• The fault was present at the time of delivery

• The fault occurred due to misuse

• The fault was caused by the manufacturer

• The fault was not significant

Answer explanation

If a fault is discovered after six months, the consumer must prove that the fault was present at the time of delivery. This is essential to establish that the issue was not caused by subsequent misuse or other factors.

What is an innominate term?

• A major term that goes to the root of the contract

• A minor term that is subsidiary to the main purpose of the contract

• A term that is not clearly classified as either a condition or a warranty

• A term that excludes liability for certain breaches

Answer explanation

An innominate term is one that cannot be clearly classified as a condition or a warranty, meaning its significance can vary based on the circumstances of the breach, unlike major or minor terms.

In the case of Hong Kong Fir v Kawasaki, what did the court conclude about the delay?

• It was a breach of condition

• It was a breach of warranty

Answer explanation

In Hong Kong Fir v Kawasaki, the court determined that the delay constituted a breach of warranty, not a breach of condition. This distinction is crucial as it affects the remedies available to the parties involved.

What does section 49 of the Consumer Rights Act 2015 imply about services?

• Services must be performed within a reasonable time

• Services must be performed with reasonable care and skill

• Services must be free from defects

• Services must be as described

Answer explanation

Section 49 of the Consumer Rights Act 2015 states that services must be performed with reasonable care and skill, ensuring that consumers receive a standard of service that meets their expectations.