Sales of goods

Question 1

What does the consumer rights act 2015 state

Answer 1

Applies to consumer contracts (trader and a consumer) for the supply of gods, digital content if services in B2C transactions

Question 2

What does the sales of goods act 1979 state

Answer 2

Covers all other contracts for the sale of goods eg trader to trader, individual to individual

Question 3

State sections in sale of goods act 1979

Answer 3

s12 - right to sell
s13 - match description
s14(2) - satisfactory quality
s14(3) - fitness for purpose
s15 - sale by sample

Question 4

State the sections in consumer rights act 2015

Answer 4

s17 - trader to have the right to supply goods
s11 - goods to be as described
s9 - goods to be of satisfactory quality
s10 - goods to be fit for particular purpose
s13 - goods to match sample
s14 - goods to match a model or seen as examined

Question 5

Describe s13 of the sales of goods act

Answer 5

There is a reliance on description unless goods are ‘sold as seen’ where the buyer has viewed the item

Question 6

When is a good not of satisfactory quality (SOGA, s14(2))

Answer 6

Fit for purpose for that type of goods
appearance and finish
freedom from minor defects
safe
durability

Question 7

What are the ways for a contract to be discharged?

Answer 7

Agreement
Performance
Frustration
Breach

Question 8

How is a contract discharged by agreement

Answer 8

Bilateral agreement: neither party has completed all their obligations. Each party is releasing the other
Unilateral agreement: one party has completed all their obligations but the other party does not wish to complete theirs. The party wishing to be released must provide consideration, accord and satisfaction

Question 9

How is a contract discharged by fustration?

Answer 9

An event may occur (through no fault of the parties) that renders the performance incompletely
eg government intervention, illegal activity, incapacity of one of the parties

Question 10

How is a contract discharged by breach?

Answer 10

When one party breaks one or more terms of a contract
actual breach: the contract has been breached and the time for performance of the contract is due or passed
anticipatory: the time of performance is not due or passed and one party has indicated they do not plan to preform

Question 11

What are the remedies for breach of contract

Answer 11

Damages (monetary compensation)
Quantum Meruit: a claim for work done, where completion has been prevented by the other party
Specific performance: party is legally required to complete performance of contract

Question 12

What is remoteness of damage?

Answer 12

Claims for damages are restricted to the recover of losses have to be connected to the breach

Question 13

What are the measures of damages?

Answer 13

lost opportunity or market rule (how much the goods would cost on an open market)