Contract Terms Q&A
These are the Terms of Contract Questions and Answers in Contract Law. There are a lot of examples of Q&As for the kinds of questions you could get on your coursework or examination. The answers are given discuss a problem question that looks at Terms of Contract. There is a mix of essay questions and problem questions with answers to guide you. These notes will demonstrate to students how to approach legal essays and how to provide straightforward advice.
Question 1
On 1 August 2019, Adam purchases and takes possession of a studio flat in Islington. He subsequently visits DanishDesign Ltd, a furniture shop in South Kensington, where he finds on display a sofa he likes. The sofa, a model “Copenhagen”, is designed by the famous Isben Isbesen. Adam tests the sofa, and based on the way it looks and feels, decides to place an order for “Copenhagen 3-seater black sofa with sofa bed”. While the display model is in fact a “Copenhagen 2-seater white sofa (no sofa bed)”, the sales assistant explains that the model Adam orders is “more or less the same” as the one on display.
Adam pays £5000 in cash for the sofa and an extra £250 for delivery (£5250 in total). DanishDesign Ltd promises Adam that his new sofa will be delivered to his Islington flat and assembled on site by Saturday, 28th September 2019.
DanishDesign Ltd emails Adam on Friday, 27th September 2019 to say that the sofa will be delivered on Monday, 30th September 2019. DanishDesign explains that deliveries are only made on weekdays in London (Monday – Friday).
The sofa is delivered and unpacked. Once it’s assembled, Adam realises the sofa is a “Copenhagen 2-seater white sofa (no sofa bed)”. Furious, Adam returns to the DanishDesign furniture shop. He agrees with the Shop Manager that he will keep the delivered sofa until a replacement with sofa bed can be delivered.
On 10th October 2019, DanishDesign Ltd delivers a replacement: a “Copenhagen 3-seater black sofa with sofa bed”. After using the sofa bed for a week the sofa begins to creak; now he wishes to return the sofa and get his money back. DanishDesign Ltd refuses.
Advise the parties assuming Adam is a non-consumer buyer.
Explain how, if at all, your advice would differ if Adam were ‘consumer’ in this transaction.
Question 2
The Consumer Rights Act 2015 (the "CRA”) has been billed as the biggest overhaul of consumer rights in a generation. It is designed to bring together, improve and update UK consumer law and its main provisions will come into force on 1 October 2015. But what are the main changes and how should businesses selling to consumers prepare for the CRA's implementation?
Question 3
To what extent is the remedy of the right to reject available to the commercial buyer and non-business consumer? Does the right to reject provide adequate protection in the event of a breach of contract committed by the seller?
