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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.
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).
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.
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 ...
The Consumer Protection (Distance Selling) Regulations 2000, SI 2000/2334, implemented [Note 1] European Directive 97/7/EC as UK law. [Note 2] They applied to contracts "concluded between a supplier and a consumer under an organised distance sales or services provision scheme run by the supplier who, for the purposes of the contract, makes use of one or more means of distance communication" up ...
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]
Successful B2B operations depend upon sales personnel understanding the purchasing behaviour and outlook of the types of business they wish to work with. [2] B2B involves specific challenges at different stages. At their formation, organizations should be careful to rely on an appropriate combination of contractual and relational mechanisms. [3]
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care. Due diligence can be a legal obligation, but the term more commonly applies to voluntary investigations.