Implied terms within the SGA 1979 Flashcards
(6 cards)
1
Q
What is a condition?
A
A condition is a fundamental term that goes to the root of the contract.
2
Q
What is the effect of a breach of condition?
A
The buyer has a right to reject the goods and terminate the contract (and decline to pay the price or to recover an already paid price).
3
Q
What is a warranty?
A
It is a less significant term of a contract.
4
Q
What happens if there is a breach of warranty?
A
The remedy available is only damages.
5
Q
What does section 12 SGA 1979 state?
A
S. 12(1) states that in a contract of sale there is an implied term on part of the seller that in the case of a sale he has the right to sell the goods, and in a case of an agreement to sell he has such a right at the time property is to pass.
6
Q
A
