Podcast
Questions and Answers
What form do implied terms take?
What form do implied terms take?
Specific promises to the buyer
What happened to the Ford Fiesta that Nora traded in?
What happened to the Ford Fiesta that Nora traded in?
- It was sold to Owen, who discovered a serious flaw and returned it to the dealership.
- It was damaged in an accident and was deemed unrepairable.
- It was discovered to be stolen and was returned to its rightful owner. (correct)
- It was sold to Owen, who later returned it to the dealership.
What was the problem with the trousers Rose bought?
What was the problem with the trousers Rose bought?
They had a serious flaw.
What did the retailer say about Rose's request for a full refund?
What did the retailer say about Rose's request for a full refund?
What was the problem with the cotton sheets Stephen bought?
What was the problem with the cotton sheets Stephen bought?
What was the manager's response to Tessa's complaint about the weed killer?
What was the manager's response to Tessa's complaint about the weed killer?
The seller is not responsible for providing goods of satisfactory quality under the Consumer Rights Act, 2015.
The seller is not responsible for providing goods of satisfactory quality under the Consumer Rights Act, 2015.
The Consumer Rights Act, 2015 applies only to goods and not to services.
The Consumer Rights Act, 2015 applies only to goods and not to services.
Which of the following is NOT considered an unfair term under the Consumer Rights Act, 2015?
Which of the following is NOT considered an unfair term under the Consumer Rights Act, 2015?
Consumers are not allowed to challenge unfair terms in contracts.
Consumers are not allowed to challenge unfair terms in contracts.
What are the consequences of a trader using misleading or aggressive selling practices?
What are the consequences of a trader using misleading or aggressive selling practices?
Flashcards
Implied Terms in Sales Contracts
Implied Terms in Sales Contracts
Unwritten promises about goods that are automatically part of a sales contract, even if not specifically stated.
Stolen Ford Fiesta
Stolen Ford Fiesta
Nora's traded-in car was found to be stolen and was returned to the rightful owner.
Defective Trousers
Defective Trousers
Rose's trousers suffered from a significant flaw.
Refund Request Handling
Refund Request Handling
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Wrong Cotton Sheets
Wrong Cotton Sheets
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Weed Killer Complaint
Weed Killer Complaint
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Consumer Rights Act Applicability - Goods only
Consumer Rights Act Applicability - Goods only
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Unfair Contract Term
Unfair Contract Term
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Consumer Rights to Challenge Unfair Terms
Consumer Rights to Challenge Unfair Terms
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Misleading/Aggressive Selling Practices
Misleading/Aggressive Selling Practices
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Trader Responsibility (Consumer Rights Act)
Trader Responsibility (Consumer Rights Act)
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Study Notes
Consumer Rights Act, 2015
- Implied terms are specific promises to a buyer.
- Sellers have the right to sell goods, but responsibility exists if a good is stolen, etc.
- Goods must be of satisfactory quality.
- Example: Rose bought trousers with a flaw, shop refused refund; Stephen bought sheets incorrectly described, shop refused refund.
- Fit for purpose. Example: Tessa bought weedkiller, it was the wrong product and damaged plants.
Implied Conditions
- Sellers have the right to sell products.
- Goods need to be satisfactory quality.
- Goods are fit for purpose.
- Installation needs to be correct if agreed.
Learning Objectives
- Discuss unfair contract terms under Consumer Rights Act 2015.
- Understand consumer protection under the Act.
Recap of Week 4
- Remedies available to consumers under the Act.
- How these remedies are applied.
Unfair Contract Terms
- Consumer Rights Act 2015 covers unfair terms in contracts.
Fairness Test
- Contract terms are tested for fairness.
- Terms must be transparent and intelligible to consumers.
- Unfair terms aren't legally binding.
- Competition and Markets Authority can stop use of unfair terms.
Challenging Unfair Terms
- Unfair terms can be challenged legally.
- Important terms should be clearly stated and understood.
- Contracts should not diminish consumer rights.
Additional Protection
- Misleading consumers about rights is an offence.
- Consumers can claim compensation for misleading or aggressive practices.
- Compensation, price reduction, or contract cancellation are possible remedies.
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