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20 Cards in this Set
- Front
- Back
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why might parliament regulate contractual relationships |
protect a weaker party terms can be implied by primary/secondary legislation concerns over business efficiency |
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whats an example of parliament interfering with contractual relationships for the sake of resolving social and economic issues of high importance |
financial crisis in 2008 caused a significant increase in household debt so FCA imposed a requirement that all mortgage contracts can be granted only if the consumer is given independent mortgage advice |
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what are the 2 main statutes that fall under ‘implication by statute’ |
Consumer Rights Act 2015 Sale of Goods Act 1979 Supply of Goods and Services Act 1982 |
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what kind of parties fall under the CRA |
business to consumer |
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what kind of parties fall under the SGA and SGSA |
bussiness to business consumer to consumer |
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what does the CRA do |
defines traders and consumers |
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how does the CRA define traders |
“a person acting for purposes relating to the persons trade, business, craft, profession whether acting personally or through another” |
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how does the CRA define consumers |
an individual acting for purposes that are wholly or mainly outside that individuals trade, business, craft or profession |
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what are some examples of implied terms under the SGA |
goods will correspond with the description goods will be of satisfactory quality |
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what are examples of implied terms under the SGSA |
goods/materials supplied of satisfactory quality supplier will carry out the service with reasonable care and skill |
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what are conditions |
terms that go to the heart of the contract |
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what remedied are available for breach of a condition |
repudiation and / or damages |
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which case says these remedies are available for the breach of a condition |
Poussard v Spiers and Pond |
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whats less important than a condition |
warranty |
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what remedies are abailable for the breach of a warranty |
damages |
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which case outlines the remedies available for the breach of a warranty |
Bettini v Gye |
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what are inonimate terms |
contractual terms whose classification into conditions or warranties are known only when a breach occurs and when the consequences of that breach is known |
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what case shows the remedies availble for the breach of an inonimate term |
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd |
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what happened in Poussard v Spiers and Pond |
P lead actress in opera performance Wasnt able to attend rehearsal due to ill health her role was given to someone else sued for wrongful dismissal court said the termination was legal because the success depended on her performance as a lead |
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how does Lord Diplock define innominate terms |
some contractual terms are too problematic to be placed in a category for condition or warrant and he suggests that where that is js the case the consequences of a breach that have to be examined to see if its serious enough to allow for the repudiation of a contract |
