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Chapter 4 Self-test questions
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Chapter 4 Self-test questions
Contract III: contractual terms and statuatory protection
Quiz Content
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not completed
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Which of the following is NOT a method of implying terms into a contract?
Through contradicting an express term
correct
incorrect
By the courts
correct
incorrect
Through customs
correct
incorrect
Through statute
correct
incorrect
*
not completed
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Which of the following will prevent an exclusion clause from being enforceable?
The clause being incorporated into the contract
correct
incorrect
The clause being reasonable
correct
incorrect
The clause specifically identifying the liability it purported to exclude
correct
incorrect
The clause overriding s 65 Consumer Rights Act 2015.
correct
incorrect
*
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Which of the following statements is incorrect in relation to the Unfair Contract Terms Act 1977?
It ensures that certain exclusion clauses are removed or held invalid in consumer contracts
correct
incorrect
It regulates the use of all contractual terms in business to business contracts
correct
incorrect
It regulates the use of non-contractual notices attempting to restrict liability for negligence
correct
incorrect
It is primarily concerned with business liability in contract and tort
correct
incorrect
*
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In the Consumer Rights Act, s 11 provides:
That goods sold by description, and where the description is relied upon by the buyer, must correspond to that description
correct
incorrect
That the seller possesses good title to the goods which may be passed on to the buyer
correct
incorrect
That the goods must be of satisfactory quality (in relation to safety, durability etc)
correct
incorrect
That the goods are fit for their intended purpose
correct
incorrect
*
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The short-term right to reject as provided in s 22 Consumer Rights Act 2015 is effective following completion of stipulated events. Which of the following is NOT one of these as identified in s 22?
The goods have been delivered
correct
incorrect
The goods have been promised by the trader
correct
incorrect
Ownership or possession of the goods has been transferred to the consumer
correct
incorrect
Where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken
correct
incorrect
*
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Section 22 of the Consumer Rights Act 2015 provides the (qualifying) claimant with the 'short-term right to reject'. Which of following identifies the period of time in which the right to reject must be exercised? (Assume all the necessary requirements have been followed).
100 days
correct
incorrect
60 days
correct
incorrect
7 working days
correct
incorrect
30 days
correct
incorrect
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Under the Unfair Contract Terms Act 1977, the reasonableness of an exclusion clause is NOT assessed by:
Whether the party has received an inducement to contract
correct
incorrect
The party's reasonable knowledge of the existence of the exclusion clause
correct
incorrect
Whether the term was a bad bargain for the party
correct
incorrect
The strength of the bargaining position of the parties
correct
incorrect
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In the event of breach of s 10 of the Consumer Rights Act 2015, which of the following remedies is NOT provided to the claimant?
The right to an order of specific performance
correct
incorrect
The right to a price reduction or the final right to reject
correct
incorrect
The short-term right to reject
correct
incorrect
The right to repair or replacement
correct
incorrect
*
not completed
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The case of
Watford Electronic Ltd v Sanderson CFL Ltd
[2001] demonstrated which authority?
Exclusion clauses are always applied harshly against businesses
correct
incorrect
An otherwise unreasonable limitation clause will be allowed unless the term is so unreasonable that the court must move to restrict it
correct
incorrect
An exclusion clause must be incorporated at the offer and acceptance stage
correct
incorrect
A term may be implied through business efficacy
correct
incorrect
*
not completed
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A warranty may be classified as:
The most important term of the contract
correct
incorrect
Not a term but a representation
correct
incorrect
A term that may only be identified following consideration of the consequences of the breach
correct
incorrect
A lesser term of the contract
correct
incorrect
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