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What are implied terms?
What are implied terms?
Implied terms are specific promises to the buyer that are deemed to be part of the contract even if they are not explicitly stated.
What do you think about the situation with Nora and the Ford Fiesta?
What do you think about the situation with Nora and the Ford Fiesta?
Belfast Road Motors could be held liable for selling a stolen car to Owen. The fact that they didn't know the car was stolen is not necessarily a defense, as they have a duty to ensure the goods they sell are legitimate.
What do you think about the situation with Rose and the trousers?
What do you think about the situation with Rose and the trousers?
Rose is within her rights to request a refund. The retailer has a duty to provide goods of satisfactory quality and should have processed the refund without requiring her to contact the manufacturer first.
What do you think about the situation with Stephen and the sheets?
What do you think about the situation with Stephen and the sheets?
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What do you think about the situation with Tessa and the weed killer?
What do you think about the situation with Tessa and the weed killer?
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What are some examples of implied conditions in contract law?
What are some examples of implied conditions in contract law?
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Which of the following statements about unfair terms are correct?
Which of the following statements about unfair terms are correct?
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Study Notes
Consumer Rights Act, 2015
- Implied terms are specific promises to the buyer.
- Sellers must have the right to sell the goods.
- Goods must be of satisfactory quality.
- Goods must fit the description given.
The Seller Has the Right to Sell
- Nora buys a Ford Focus, trading in a Fiesta.
- The Fiesta was stolen, and the seller (Belfast Road Motors) was unaware of this.
- Paul, the rightful owner, can retrieve the car.
- The seller, despite empathy, can't reverse the sale.
Goods Must Be of Satisfactory Quality
- Rose buys trousers (£65) with a flaw.
- She returns them to the shop.
- The shop says they need to send them back to the manufacturer and will refund Rose later.
- Rose finds the response unsatisfactory.
Fit the Description Given
- Stephen buys blue cotton sheets (£75), but they are nylon and pink.
- The label indicates 85% cotton and a blue color.
- He returns them and demands a refund.
- The shop supervisor will not refund the money.
Fit for Purpose
- Tessa buys weed killer for her garden.
- The shop assistant advises on appropriate weed killer type.
- The weed killer damages her plants.
- The shop manager is sympathetic but Tessa is not refunded.
Implied Conditions
- Sellers have the right to sell goods.
- Goods must be of satisfactory quality.
- Goods must fit the description given.
- Goods must be fit for purpose.
- Goods must be installed correctly (where applicable).
Learning Objectives
- Discuss protections under the Consumer Rights Act 2015.
- Understand consumer protection under the Act.
Recap of Week 4
- Review remedies available to consumers under the Consumer Rights Act 2015 and how they are applied.
Unfair Contract Terms
- The Consumer Rights Act 2015 covers unfair terms in consumer contracts.
- Consumers can challenge unfair terms.
- Important terms must be understood and included.
- No terms should diminish consumer rights.
Additional Protection
- Misleading consumers about their rights is an offence.
- Compensation or price reduction are possible if aggressive selling practices are used or misleading information is given.
- Consumers can cancel contracts due to unfair trading.
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Description
Test your knowledge on the key components of the Consumer Rights Act 2015. This quiz covers implied terms, the seller's rights, satisfactory quality, and how goods must fit their descriptions. Understand your rights as a consumer and the obligations of sellers.
