Commercial Law:Rob Stokes Commercial Law Textbook (1) What were ...

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Commercial Law:Rob Stokes Commercial Law Textbook

(1) What were the objectives of the CRA 2015? To what extent, if any, have they been achieved? Give examples.

(2) What were the legal characteristics of the agreement in Forthright Finance on which the Court classified the contract?

(3) How might you support the decision of the Court of Appeal in Forthright?

(4) What problems stem from the decision of the Court of Appeal in Forthright?

(5) Explain the decision of the Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans). To what extent, if any, is the decision problematic?

(6) Critique the difference of approach regarding the sale of software across the SGA 1979 and CRA 2015.

(7) Distinguish the case of Lee v Butler [1893] together with Helby v Matthews and critique contrast this decision with Forthright?

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1. The CRA 2015 seeks, in particular, to:
i. Simplify the law on the sale of goods and services;
ii. Introduce rights and remedies for digital content;
iii. Consolidate the law and enhance consumer rights in respect of ‘unfair terms’ in consumer contracts (Fairness test replaces reasonableness test).
iv. Consolidate and strengthen enforcement and investigatory powers.
The rightful implementation of the provisions of CRA can be seen in many fields. The rights set out in CRA 2015 are applicable to the public transport sector (namely air, rail and sea travel). Passenger groups have been vocal in challenging transport companies where, for example, train services promise wifi that then does not function properly, or where services are unreasonably delayed or over-crowded.
Competition law provisions of the CRA 2015 especially opt-out actions and the fast-track CAT procedure are also favorable to claimants and are successfully being implemented

2. The agreement in Forthright Finance Ltd v Carlyle Finance Ltd required the hirer to pay all the installments making up the price of the car, whereupon it would be deemed to have exercised the hirer’s purchase option “unless the hirer has told the owner before that time that such is not the case”.
This was considered as a “specious...

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