CONTRACT LAW L4 - Terms - SGCA 1982

Question 1

What does the SGCA 1982 provide for? (3)

Answer 1

The implication of terms in:
(a) certain contracts for the transfer of property in goods
(b) contract for the hire of goods
(c) contracts for the supply of services

Question 2

What do the implied terms in the SGCA 1982 not apply to? (1)

Answer 2

Consumer contracts as defined in the Consumer Rights Act 2015.

Question 3

What does S1 in relation to the transfer of goods state? (5)

Answer 3

The transfer of goods means a contract under which one person in transfers or agrees to transfer to another the property in goods under the SGCA other than any of the following:
- A contract of sale of goods
- A hire purchase agreement
- A contract under which the property in goods or is to be transferred in exchange fort trading stamps
- A transfer made by a deed for which there is no consideration other than presumed consideration and a contract intended to operate by ways of security.

Question 4

What does S2 of the SGCA 1982 provide? (1)

Answer 4

Implied terms where transfer is by description.

Question 5

What does S3 of the SGCA 1982 provide? (1)

Answer 5

For implied terms about quality or fitness.

Question 6

What does S4 of the SGCA 1982 provide for? (1)

Answer 6

Implied terms where transfer is by sample.

Question 7

What does S6 of the SGCA 1982 state in relation to contract of hire goods? (3)

Answer 7

It means that a contract under which one person bails or agrees to bail goods to another way by way of hire other than:
- A hire purchase agreement
- A contract under which goods are bailed in exchange for trading stamps.

Question 8

How does the SGCA provide for the implied terms in any contract for the supply of a service? (3)

Answer 8

S13 - the supplier will carry out the service with reasonable care and skill
S14 - The supplier will carry out the service in a reasonable if this not fixed by the contract
S15 - Where the consideration for the service is not determined by the contract, the implied term that the party contracting with the supplier will pay a reasonable charge.

Question 9

What does S11 state in relation to contracts for transfer of goods or hire of goods? (2)

Answer 9

A supplier may negative or vary the terms subject to the provisions of the Unfair Contract Terms Act 1977, UCTA significantly limits the ability to negative / vary these terms.

Question 10

What does S16 state in relation to contracts for the supply services? (2)

Answer 10

A party may contract out the implied terms set out subjects too the provisions of UCTA, UCTA significantly limits the ability to negative / vary these terms.