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Terms - Coggle Diagram

- - - - Thompson v London, Midland & Scottish Railway: Reasonable steps include referral to another document (in this case, referral to a timetable)
      - Henderson v Stevenson: Not reasonable steps if clause not referred to on front of the ticket or illegible
      - Thornton V Shoe Lane Parking & Infertofo v Stilleto: Where they want to give notice of an onerous term, they have to draw particular attention to this (this does not apply to when the term is on the signing document itself
      - Thornton v Shoe Lane Parking: Any statement will not amount to a binding term if it is post-contract (auto ticket machine's make an agreement when ticket comes out so any info given after is not binding)
      - Chapleton v Barry UDC: D can only give notice from a contractual document
  - - - Petrotrade Inc v Texaco Ltd: regular enough (5 times over a year)
- - - - Timing
        
        Routledge v McKay: If there is a time lapse between the statement and the contract being made, it is less likely to be a term (in the case a week was too long)
      - Importance
        
        Bannerman v White: was it the deciding factor for entering the contract. Uses the but for test
      - Reduction into writing
        
        Routledge v McKay: If contract put into writing and it does not mention the statement, it is less likely to be treated as a term
      - Special knowledge/skill
        
        Oscar Chess v Williams: If person making statement has no knowledge of what they are selling, statements they make are less likely to be treated as a term (Williams selling to car dealership and confirmed car manual was the year it was made but Williams lacked knowledge and expertise layed with car dearlership)
        
        Dick Bentley Productions v Harold Smith Motors: If person making statement has special knowledge, it is more likely to be a term (Mr Smith said car had 20 miles when it clearly didn't)
      - Assumption of responsibility/further checks
        
        Schawel v Reade: Did D at the time represent what C was looking for? Did C act on this when purchasing? (D assumed responsibility when saying no further checks were needed, C acted on this through saying they wanted to check)
        
        Ecay v Godfrey: Where D expressly states it should not be taken as a term and invites C to do further checks, verification of statement then relies on C
- - - - S14(2B) take into account fitness for purpose by which they are commonly supplied, appearance and finish, freedom from minor defects, safety and durability
      - S14(2C) exception of satisfactory quality: if defects were specifically brought to C's attention before purchase or buyer examines goods and defect ought to have been revealed
      - S14(6) classifies S14(2) and S14(3) as breach of condition
      - S14(3) when seller expressly or impliedly lets buyer know the goods are fit for a specific purpose, they must be fit for that purpose
  - - - S7 title S8 description S9 quality or fitness S10 hire by sample
    - - S2 title S3 description S4 quality and fitness S5 transfer by samle
  - - - S9 satisfactory quality S10 must be fit for particular purpose buyer makes known S11 goods must match description
        
        If any of these succeed: short term right to reject, right to repair/replacement, right to price reduction or final right to reject
        
        S22 short term right to reject is within 30 days,
        
        S23 right to repair/replacement is available unless impossible or disproportionate
        
        can't price reduct and use final rejection
        
        S24 final rejection only available when after one repair/replacement, goods do not conform to contract, consumer cannot require repair or replacement, consumer is in breach of requirement to replace goods as it's not in reasonable time or without significant inconvenience to consumer- final rejection requires full refund within 6 months
    - - s34 satisfactory quality S35 reasonably fit for purpose S36 match description
        
        S34(2) satisfactory quality is judged by the reasonable man S34(2)(c) take into account price, description and other relevant matters S34(5) take into account public statements made by trader or a representative
        
        Remedies: repair/replacement, price reduction
        
        S43(2)(a) repair/replacement must be in reasonable time and without significant inconvenience to the consumer S43(3) repair or replacement may be precluded if impossible or disproportionate S43(5) ? S44 can only use right to price reduction when the consumer cannot require repair or replacement or the same is not done in reasonable time/not at consumer inconvenience
        
        S45 right to receive refund in 14 days using same method used to make payment
    - - S49 reasonable care and skill S51 where price not agreed, a reasonable price should be paid, S52 where time not fixed a reasonable time
      - S50(1) anything said or written to the consumer, by or on behalf of the trader is a term when taken into account by consumer when deciding to enter the contract or making a decision after
      - Remedies: right to repeat performance and right to reduce price
        
        S55(2)(a) repeat performance must be in reasonable time and not to inconvenience of the consumer S55(3) consumer cannot require repeat performance if if completion in conformity with the contract is impossible S55(4) reasonable man S56(3) price reduction is only available when repeat performance is impossible or not done in reasonable time etc
- - - - British Crane Hire v Ipswich Plant: Assumption there is an intention of the parties to be bound by well known customs of their trade
    - - The Moorcock: to make the contract make sense. Something so obvious, if stated at he making of the contract they would say 'oh, of course'. This test is not subjective, go by reasonable man
  - - - Liverpool City Council v Irwin: To give rise to legal duties, eg. tenant and landlord
    - - Sale of Goods Act 1979 & Supply of Goods & Services Act 1982