statutory implied terms Flashcards
(28 cards)
terms implied by statute meaning
in contracts for the sale of goods and services certain basic provisions are implied by statute to provide protection to purchases
what is the legislation for statutory implied terms
Sales of goods act
what year was the sales of goods act made
1979
what is the sales of goods act for
transaction for goods between businesses
what is S2 of SOGA
contracts of sale involves the transfer or agreement to transfer goods from the buyer to the seller for a money consideration called price
what is S12 SOGA
seller has right to sell
what is S13 SOGA
good must match the description
what is S14 SOGA
goods must be of satisfactory quality and fit for purpose
if section 13 and 14 are not satisfied you can
refund
reduction of price
repair
replace
what do you rely on if you haven’t seen the good
you always rely on the description
when can you no longer rely on the description
expert has been introduced
buyer is more of an expert than the seller
is a description required
no
if a middle man is selling a good from a supplier to the consumer and description is incorrect who breached the contract
the contract was between the middleman and the buyer so the middleman breached the contract
can the supplier say that reasonable care has been taken when supplying a good
no
liability for the supplier is strict
what are the standards that a reasonable person would find satisfactory
any description applied to the good
defects that should have been discovered after examination
price
freedom from minor defects
hidden defects (safety)
durability
what do different descriptions lead to
different expectation
if defects have been brough to the buyer before the contract is that still part of the description
yes
and the buyer agreed to buy the good with the defects
types of defects
patent
latent
patent defect meaning
defect discovered during inspection
latent defect meaning
cannot be discoverable
when do you expect to get better quality
when you pay more for a good
if there is a minor defect can the good be unsatisfactory
yes - if its needed in perfect quality
no - if it doesn’t effect anything
what are hidden defects
safety defects
they are a breach of condition
how to interpret durability
different goods have different shelf lives