Contract - Weak topics

When does the Sale of goods act 1979 apply?

whenever goods are sold

What does the sale of goods act 1979 do?

Seller has the right to sell, goods match the descriptions, they are fit for any special purpose

When does the supply of goods and services act apply?

When services are supplied by a business and to goods the business supplies in relation to the service

What does the supply of goods and services act do?

Service contracts - implies an innominate term that the supplier will carry out the service

supply of goods - same as the sale of goods act, conditions of those goods are implied

When does the consumer right act 2015 apply?

in sales contracts between a trader and a consumer

What does the consumer right act 2015 do?

terms - carried out with reasonable care and skill, reasonable time, etc

rights - a right to reject defective goods within 30 days in return for a full refund, a right to repair, a reduction of price if repair is too expensive

What does the unfair contract terms act 1977 do?

voids automatically - any terms attempting to exclude liability ofr death or the requirements of the sale of goods act or supply or services act

voids unless reasonable - any clause attempting to exclude liability for any loss other than death caused by negligence; or liability for breach of contract; or different performance

what is the default remedy for breach of contract?

damages - put you in the place where you would have been if the contract would have been performed

subject to causation, remoteness and mitigation

what is termination and when is it available?

Breach of a condition or a sufficiently serious breach of an innominate term; Ends future contractual obligations. The innocent party can also claim damages. Not available for a breach of a warranty, only a condition or an innominate term

what is specific performance?

equitable remedy, when item is unique and damages are not ennough; but won’t be applied if it is too cumbersome

what is an injuction

equitable remedy, used to enforce negative obligations (e.g. NDA)

what is rescission

sets the contract aside as if it would not have happened; available for all kinds of misrepresentation, duress, undue influence (when contract is voidable); not a remedy for ordinary breach of contract

What is restitution?

returns money or benefits transferred without a valid legal basis; applicable when contract is void or a party has been unjustly enriched.