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Terms implied by the Sale of Goods Act 1979 (Section 14.3 Fitness for…
Terms implied by the Sale of Goods Act 1979
Contract for the sale of goods
- a contract by which the seller transfers or agrees to transfer the property in the goods to the buyer for a money consideration, called the price
Section 12
Title
the seller has the title to the goods
12.1 - implied undertaking as to title - the seller has good title to the goods being sold and has the right to sell the goods.
Rowland v Divall
12.2 - implied warranty that the buyer will be able to sell goods free from any encumbrance
Note: the implied terms provided in s12 cannot be excluded in any type of sale, although section 12.3 allows the seller to provide a more limited form of implied undertaking where the goods are not entirely free from encumbrances
Section 13
Description
if goods are sold by description, they must correspond with that description
description includes weight, size, quantity and ingredients. It also includes packaging
Re Moore and Landauer
The purchaser was entitled to reject the goods as they were not as described (tins of peaches)
Beale v Taylor
car Triumph Herald
Harlingdon and Leinster Enterprises v Christopher Hull Fine Art
By sending their experts to inspect the painting this meant the sale was no longer by description. S.13 only applies to goods sold by description and therefore the buyers had no protection.
Section 14.2
Satisfactory Quality
goods supplied must be of satisfactory quality (Revised terms under Sale and Supply of Goods Act 1994)
Satifactory
- must meet the standard that a reasonable person would regard as satisfactory, taking into account the description, price and all other relevant factors
only applies to the sales in "the course of business", not a private sale where the principle caveat emptor applies
the quality of goods include:
fitness for all the purposes for which goods of that kind are commonly supplied
appearance and finish
freedom from minor defects
safety
durability
Section 14.3
Fitness for particular purpose
if the buyer expressly or impliedly makes known the particular purpose for which he buys the goods, they should be reasonably fit for that purpose
the buyer must rely on the seller's skill and judgement, but this is presumed unless the circumstances show that the buyer has more expertise
Grant v Australian Knitting Mills
underpants
Baldry v Marshall
when the goods have only one ordinary purpose, the buyer need not expressly make it known to the seller;
if the goods have more than one purpose, or are being bought for an unusual purpose, then the buyer will be unable to rely upon this section unless he has made known to the seller the particular purpose for which they have purchased
Godley v Perry
Section 15
in the case of sales by sample
the bulk shall correspond with the sample
the buyer shall have a reasonable opportunity of comparing the bulk with the sample
the goods shall be free from any defects rendering them of unsuitable quality