Flashcards in Week 8 - implied terms Deck (4)
Name types of implied terms
Terms implied by law - into all contracts of a certain type
Terms implied by fact - specific contracts
Give examples of terms implied by law
The Sale of Goods Act 1979 implies terms into commercial contracts (mostly B2B) for the sale of goods.
The ability to contract out of these terms is restricted by UCTA 1977.
Part 1 CRA 2015 implies terms into consumer contracts to supply goods, digital content or services s.1(1).
The ability to contract out of these terms is restricted by CRA 2015
Describe terms implied by the SOGA 1979
Terms implied by law SOGA 1979
S.12 The seller will pass on title and quiet possession
S.13 Goods sold by description shall conform with that description
S. 14 Goods sold in the course of a business shall be of satisfactory quality
S.15 In a sale by sample the bulk shall correspond with the sample in quality
Remedies for breach by seller: s.15B: Right to claim damages and, where breach is material, to reject goods and treat contract as repudiated.