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Parts I and IA (Scotland) relate to goods.Part II related to services. Part III is "supplementary". The sections on goods apply to "relevant contracts for the transfer of goods", being those where one person agrees to transfer property in goods, i.e. ownership of the goods, to another person; [3] the Act also applies to contracts for the hire of goods (sections 6 to 10A).
The CGA gives guarantees of reasonable care and skill, of fitness for purpose, of completion, and of price for consumer services supplied. The CGA does not apply to either commercial goods, or consumer good or services supplied for business purposes.
Whether a duty of care exists depends firstly on whether there is an analogous case in which the Courts have previously held there to exist (or not exist) a duty of care. Situations in which a duty of care have previously been held to exist include doctor and patient, manufacturer and consumer, [2] and surveyor and mortgagor. [3]
Subject to the rules of privity of contract, one who has entered into a contract can sue or be sued on the contract which will set out the terms of the service to be provided by the professional person, and if there is no express term to this effect, there will be an implied term that the service will be performed with reasonable care and skill ...
Services provided by traders must be performed with "reasonable care and skill", [17] and "within a reasonable time". [18] The Act also ensures that any statement a trader makes when a consumer is either deciding to enter into the contract or making a decision about the service after entering into the contract is now a binding contractual term.
This is a duty of reasonable care thus no duty to take steps which are unreasonably burdensome. Example - buyer breaches contract to purchase produce; seller is expected to mitigate e.g., "cover" under the U.S. Uniform Commercial Code or resale; failure to make reasonable attempts to resell can be a ground to deny damages arising from breach e ...
This is an objective standard where the 'reasonable person' test is applied to determine if the defendant has breached their duty of care. In other words, it is the response of a reasonable person to a foreseeable risk. The standard of care naturally varies over time, and is affected by circumstantial factors.
A standard of care is a medical or psychological treatment guideline, and can be general or specific. It specifies appropriate treatment based on scientific evidence and collaboration between medical and/or psychological professionals involved in the treatment of a given condition.