Contract - Sale of Goods Act 1979 Flashcards
Stevenson v Rogers
The term as to satisfactory quality is only implied where the seller sells the goods in the course of a business. But there is no requirement to prove any degree of regularity of sales.
“To distinguish between a sale made in the course of the seller’s business and a pure,y private sale of goods outside the confines of the business if any carried on by the seller” - Lady Hale.
Christopher Hull Fine Art Ltd
For Sale by Description claims, the buyer must rely on the description and it must be an essential term of the contract.
In this case buyers were experts and sellers were not. Made known to buyers. Buyers did not rely on description therefore no breach.
Barlett v Sidney Marcus Ltd
No requirement of satisfactory quality for defects that are specifically drawn to the attention of the buyer.
Clegg v Andersson
In a consumer sale, all of the aspects are likely to be appropriate (in s14)
- fitness for purpose for which goods of kind usually used
- appearance and finish
- freedom from minor defects
- safety
- durability
Lady Justice Hale “if paying high priced product, entitled to expect it to be…perfect or nearly so”
Griffiths v Peter Conway Ltd
Statute will not protect a buyer who fails to make known the particular purpose dor which the goods are bought, either expressly or impliedly.