statutory implied terms Flashcards

(28 cards)

1
Q

terms implied by statute meaning

A

in contracts for the sale of goods and services certain basic provisions are implied by statute to provide protection to purchases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is the legislation for statutory implied terms

A

Sales of goods act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what year was the sales of goods act made

A

1979

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is the sales of goods act for

A

transaction for goods between businesses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is S2 of SOGA

A

contracts of sale involves the transfer or agreement to transfer goods from the buyer to the seller for a money consideration called price

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is S12 SOGA

A

seller has right to sell

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is S13 SOGA

A

good must match the description

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what is S14 SOGA

A

goods must be of satisfactory quality and fit for purpose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

if section 13 and 14 are not satisfied you can

A

refund
reduction of price
repair
replace

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what do you rely on if you haven’t seen the good

A

you always rely on the description

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

when can you no longer rely on the description

A

expert has been introduced
buyer is more of an expert than the seller

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

is a description required

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

if a middle man is selling a good from a supplier to the consumer and description is incorrect who breached the contract

A

the contract was between the middleman and the buyer so the middleman breached the contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

can the supplier say that reasonable care has been taken when supplying a good

A

no
liability for the supplier is strict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what are the standards that a reasonable person would find satisfactory

A

any description applied to the good
defects that should have been discovered after examination
price
freedom from minor defects
hidden defects (safety)
durability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what do different descriptions lead to

A

different expectation

17
Q

if defects have been brough to the buyer before the contract is that still part of the description

A

yes
and the buyer agreed to buy the good with the defects

18
Q

types of defects

19
Q

patent defect meaning

A

defect discovered during inspection

20
Q

latent defect meaning

A

cannot be discoverable

21
Q

when do you expect to get better quality

A

when you pay more for a good

22
Q

if there is a minor defect can the good be unsatisfactory

A

yes - if its needed in perfect quality
no - if it doesn’t effect anything

23
Q

what are hidden defects

A

safety defects
they are a breach of condition

24
Q

how to interpret durability

A

different goods have different shelf lives

25
does the seller have to follow all of the requirements of the buyer
yes
26
if good is used in not intended purpose dose the buyer need to say anything
yes
27
when are the requirements for the seller lower
when the buyer is vaguer
28