Chapter 15 Self-test questions

. Which one of the following statements is correct in relation to section 14 of the Sale of Goods Act 1979?

It applies only where section 2(1) SGA is satisfied and the seller sells the goods in the course of a business to a consumer buyer

It applies only where the seller sells the goods in the course of a business

It applies only where section 2(1) SGA is satisfied and the seller sells the goods in the course of his business

It applies only where section 2(1) SGA is satisfied and the seller sells the goods in the course of a business

. Which one of the following statements is correct?

The terms implied by the Sale of Goods Act 1979 contain both conditions and warranties

The terms implied by the Sale of Goods Act 1979 are all conditions

The terms implied by the Sale of Goods Act 1979 are all warranties

The terms implied by the Sale of Goods Act 1979 are not pre-classified either as conditions or warranties, such classification being a matter for the court with regard to the intention of the parties when the contract was made

The terms implied by the Sale of Goods Act 1979 are not pre-classified either as conditions or warranties, such classification depending on the severity of the breach

. Which of the following statements is correct in relation to section 14(2) of the Sale of Goods Act 1979?

Goods must be of satisfactory quality, irrespective of any other factor.

Goods must be of satisfactory quality, provided only that the seller sells the goods in the course of the business.

Goods must be of satisfactory quality, provided that the seller sells the goods in the course of the business and the buyer did not inspect the goods in circumstances where such inspection ought to have revealed the defect complained about or were any matters making the goods unsatisfactory were specifically brought to the buyer's attention before the contract was made.

Goods must be of satisfactory quality, provided that the seller sells the goods in the course of the business and the buyer did not inspect the goods before the contract was made.

. Which of the following is not an aspect of quality for the purposes of section 14(2) of the Sale of Goods Act 1979?

Fitness for all the purposes for which goods of the kind in question are commonly supplied

Appearance and finish

Freedom from defects unless specifically brought to the buyer's attention before the contract is made

Freedom from minor defects unless specifically brought to the buyer's attention before the contract is made

Safety

Durability

. Which of the following is not a sale by sample?

Where the seller provides a sample of an item to form the basis of comparison for the bulk

Where a shopkeeper displays samples in his shop window

Where the parties intend the sale to be one by sample

Where there is a particular trade practice or custom which indicates that sales by sample are normal practice in that trade

. Section 15 of the Sale of Goods Act 1979 deals with sales by sample. In short, it provides that the bulk must correspond with the sample in terms of quality. What is the position if the sample itself is defective in quality?

There is an implied term that the sample will be free of defects in quality. If the sample is defective in quality, the seller will be in breach of the implied term.

If both the sample and the bulk contain the same defect in quality, there will be no breach
of the implied term because the quality of the sample and the bulk will match, albeit in a manner unsatisfactory to the buyer.

There is an implied term that the sample will be free of significant defects in quality. Therefore, if the sample is significantly defective in quality, the seller will be in breach of the implied term.

Where there is a particular trade practice or custom which indicates that samples are not usually free of defects, then if the bulk is also defective, there will be no breach of the implied term.

. The Sale of Goods Act 1979 classifies its implied terms as either conditions or warranties. Which of the following statements best describes the status of the terms to be treated as included under the Consumer Rights Act 2015?

They are all conditions.

The terms to be treated as included in the contract under the CRA 2015 are not to be treated as conditions. Instead, the availability of the consumer's right to reject is dealt with separately as one of the available remedies under the CRA 2015.

They are all innominate terms.

. In a case to which the Consumer Rights Act 2015 applies, where installation of the goods forms part of the contract and the goods are installed by the trader or under the trader's responsibility, which of the following statements correctly sets out the position if the goods are incorrectly installed?

If the goods are installed incorrectly then the consumer will need to bring a separate claim against the trader.

If the goods are installed incorrectly then the goods will not conform to the contract to supply goods only if the defective installation physically damages the goods.

If the goods are installed incorrectly then the goods will still conform to the contract.

If the goods are installed incorrectly then the goods will not conform to the contract to supply goods.

. Which of the following statements correctly explains the position in a case to which the Consumer Rights Act 2015 applies where digital content is included as part of the contract and the digital content rights are not met?

If the digital content rights are not met then this will mean the goods (as a whole) do not conform to the contract even if the goods (without the digital content) would otherwise conform to the contract.

If the digital content rights are not met but the remainder of the goods, absent the digital content, does comply with the contract, then the consumer will need to bring separate proceedings against the trader.

If the digital content rights are not met but the remainder of the goods, absent the digital content, does comply with the contract, then the consumer is required to return the digital content to the trader but may not reject the goods.

The remedy available to the consumer will depend on the seriousness of the lack of conformity of the digital content.

. Section 62 of the Consumer Rights Act 2015 requires contractual terms and notices to be fair. When will a term be unfair?

A term is unfair if it is contrary to the requirement of good faith.

A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract.

A term is unfair if it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.

A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.

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