CONTRACT LAW - Terms - SALE OF GOODS ACT 1979 Flashcards
What do the implied terms set out in the Sale of Goods Act 1979 not apply to? (1)
Consumer contracts as defined in the Consumer Rights Act 2015.
S12? (1)
Ttile.
S13 (1)? (1)
Description.
S14 (2) ? (1)
Satisfactory quality
What does S14 (3) state? (1)
Fit for particular purpose the purchaser has expressly or impliedly made known.
What does S15 state? (1)
The bulk of goods must correspond with the sample.
What does S12 provide for? (1)
The implication that the seller has the right to sell goods.
What does S13 provide for? (1)
Where there is a contract for sale of goods by description there is an implied term that the goods will correspond with the description.
What does S14(2) provide for? (2)
Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality’ and ‘they meet the standard that a reasonable person would regard as satisfactory.’
What does S14(2) B provide? (6)
A checklist of assessing whether goods are of satisfactory quality:
1. Fitness for all the purposes which goods of the kind in question are commonly supplied.
2. Appearance and finish.
3. Freedom from minor defects
4. Safety
5. Durability
What is breach of 14(2) classified as? (1)
Breach of s146
What does S15 state? (2)
Where a sale is by sample, that the bulk will correspond with the sample in quality and that the goods will be free from any defect are implied.
What does S15a state? (3)
If a breach is so slight that it would be unreasonable for the buyer to reject the goods and repudiate the contract it should be treated as a breach of warranty and the buyer is only entitled to claim damages.
What does S55 indicate? (3)
That a seller’s liability under s12, 13, 14 and 15 can be excluded and / or restricted by agreement of the parties subject to Unfair Contract Terms 1977 but the UCTA does restrict these terms significantly.
