GCSE law Consumer Contract B144 WHOLE UNIT

Angela Dickinson
Mind Map by , created almost 5 years ago

Complete mind-map of GCSE unit 4 (hyperlinked to unfair contract terms) teacher-created.

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Angela Dickinson
Created by Angela Dickinson almost 5 years ago
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GCSE law Consumer Contract B144 WHOLE UNIT
1 Contract law
1.1 Basic elements of a contract
1.1.1 legal intent
1.1.1.1 presumptions

Annotations:

  • Assumed that domestic arrangements will not be legally binding and COMMERCIAL arrangements will be legally binding
1.1.2 Consideration
1.1.2.1 Exchange of value
1.1.3 Agreement
1.1.3.1 Acceptance

Annotations:

  • must be made in good time Montfiore v Ramsgate Hotel. 
1.1.3.2 Offer

Annotations:

  • Must not have a problem with multiple acceptance or will be invitation to treat.  Carlil v Carbolic SmokeBall Co - because the advert restricted the number of acceptances 
1.1.3.2.1 Not an invitation to treat

Annotations:

  • Fisher v Bell - goods in shop window Partridge v Crittenden - advert in a magazine  
1.2 Implied terms CONSUMER RIGHTS ACT 2015

Annotations:

  • Contract is breached if these terms are breached,  you are entitled to your money back or repair.
1.2.1 GOODS
1.2.1.1 Satisfactory Quality
1.2.1.1.1 Safety
1.2.1.1.2 Durability
1.2.1.1.3 finish and appearance
1.2.1.2 As described
1.2.1.3 Fit for Purpose
1.2.1.4 Remedies

Annotations:

  • Replacement Repair Refund 
1.2.2 SERVICES
1.2.2.1 reasonable care and skill
1.2.2.2 reasonable price if not agreed in advance
1.2.2.3 Reasonable timescale
1.2.2.4 Remedies

Annotations:

  • Partial refund if you have had some benefit from the service Should give the contractor a chance to correct the work 
1.2.3 Evaluation

Annotations:

  • Customers can get the price of their faulty goods refunded.  No need to have a written contract of sale for this - terms are implied in EVERY CONTRACT The rules will encourage businesses to make their products safe and durable. Goods must be as described - encourages fair promotion and advertising.  
1.3 Terms of the contract
1.3.1 mere representations

Annotations:

  • words used in negotiation which do not form part of the contract
1.3.2 Warranties

Annotations:

  • minor terms if breached, the consumer gets compensation but the rest of the contract can still operate.
1.3.3 conditions

Annotations:

  • absolute terms. if a condition is breached the whole contrcat will fail
1.3.4 misrepresentation

Annotations:

  • ' information' given during negotiation Induced you into signing the contract and was false Will void the contract "spice girls v aprilla" 
2 Negligence Law
2.1 basic elements of negligence
2.1.1 Duty of care
2.1.1.1 Donoghue v Stevenson

Annotations:

  • snail in ginger beer   Case created a duty of care between manufacturers and their suppliers  
2.1.1.1.1 foresight
2.1.1.1.1.1 the D can foresee that C will be affected
2.1.1.1.2 proximity

Annotations:

  • there is some kind of connection between claimant and defendant eg - teacher-student Driver- other road user Manufacturer - consumer 
2.1.1.1.2.1 foresiight

Annotations:

  • means the defendant could have foreseen the damage
2.1.1.1.3 fair just and reasonable

Annotations:

  • it is fair and reasonable to impose a duty of care on the defendant
2.1.2 Breach of duty

Annotations:

  • did the defendant act as a 'reasonable person'? Experts judged against standards of reasonable experts EG doctor should act like a reasonably skilled doctor  
2.1.3 Foreseeable damage

Annotations:

  • should the defendant have been able to predict the sort of damage that has arisen? BUT FOR test - Barnett v Chelsea Hospital (arsenic case)
2.1.4 possible defendants

Annotations:

  • manufacturers suppliers repairers wholesalers assemblers retailers
2.1.5 EVALUATION

Annotations:

  • hard for consumers to find out and PROVE IN COURT who is responsible for a defective product. hard to know WHO is liable Hard to know how the defect was caused - prove a breach. 
2.2 Product liability law
2.2.1 Consumer Protection Act 1987

Annotations:

  • the law which brings the EU directive into UK law
2.2.1.1 Strict Liability

Annotations:

  • means claimant does not need to show HOW the product defect was caused.
2.2.1.1.1 Consumer can claim from any part of the supply chain

Annotations:

  • producer eg - manufacturer, supplier, retailer, assembler, repairer,  wholesaler,  importer own-brander - someone who puts their own brand on a product made by someone else. 
2.2.1.2 What can be claimed for?

Annotations:

  • Death Injury damage to PERSONAL property amount must be OVER £275  
2.2.1.3 restrictions

Annotations:

  • where customer has not used the product properly where customer has not followed warnings and instruction there will be NO LIABILITY 
2.2.1.4 EVALUATION

Annotations:

  • All EU goods covered so can buy goods from anywhere with confidence.  Should promote vigilance amongst producers and improve products No need to show HOW breech occurred - easier for consumers   Can hold ANY PARTY  in the supply chain liable. Negatives.. Only personal property - can't claim for business damage. Only property OVER £275. leaves a lot of small claims with no remedy.   Too many defences makes claiming difficult.   
2.2.1.5 what products are covered?

Annotations:

  • everything EXCEPT nuclear power buildings UNPROCESSED raw agricultural produce 
2.2.1.6 defences

Annotations:

  • the damage arises because the product meets a regulation requirement The defect did not exist when the D had the product The defect could not have been reasonably known about The product was not sold in the course of business. 
2.2.2 EU product safety directive
3 Unfair contract terms
3.1 hyperlink to new mindmap

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