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9 Cards in this Set
- Front
- Back
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What type of contracts are protected by special legal rules? |
1) sale of goods 2) sale of services 3) hire of goods 4) consumer credit |
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To be classed as a contract for the sale of goods, there must be: |
1) a contract 2) a sale of goods 3) transfer of property 4) money consideration |
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What are the two types of goods? |
1) specific and ascertained goods - goods identified and agreed upon at time of contract 2) unascertained goods - generic goods which are not unique or identifiable at time of contract |
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Rules for transfer of ownership and risk if not clearly stated elsewhere: |
1) specific goods in deliverable state: ownership passes at time contract is made 2) specific goods in undeliverable state: ownership passes when in a deliverable state and notification has been given 3) specific goods in deliverable state but action necessary to ascertain price: ownership passes when action is done and buyer notified 4) goods delivered are subject to approval: ownership passes when approval is given or time for return has passed 5) unascertained goods: ownership passes when goods are ascertained and irrevocably removed from bulk |
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What are the rules for transfer of ownership when it involves a consumer? |
The goods remain at the seller's risk until they have been delivered to the consumer |
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What are the four implied terms for sales of goods? |
1) seller has right to sell 2) description 3) satisfactory quality 4) fit for purpose |
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What are the buyer's remedies for goods? |
1) rejecting goods and money back (30 days) 2) right to repair or replacement (6 months) 3) if repair or replacement unsuccessful, final right to reject or price reduction |
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What is the buyer's remedy for services? |
Repeat service or price reduction |
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If you suffer damage due to faulty goods but there is no contractual relationship (or third party contractual relationship) in place, what two protections are offered? |
1) the tort of negligence; however, must prove breach in duty of care 2) statutory product liability; only prove defect and harm caused |
