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Importance of the implied terms of the ‘Sale of Goods Act 1979’

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  1. Introduction
  2. Section 13 of the Act
  3. Section 14 of the SOGA 1979
  4. Liability under S14
  5. Conclusion

The sale of goods is the most common commercial transaction and the quality and utility of goods in contracts of sale is an important issue to anyone who is involved in sale or purchase of goods on a regular basis. The Common Law decisions which originally covered quality of goods were seen as being inadequate in the face of fast changing economy (Griffiths, 1996). Consequently UK legislation was introduced to modernize the law resulting in a statute; the Sale of Goods Act 1979 which aims to control the relationship between sellers and buyers. This act applies to all contracts ?by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price' (S2(1) of SOGA 1979) where ?goods' is defined as ?all corporeal moveables except money' (S61(1) of SOGA 1979). The major provisions of this Act are stated to be implied terms contained in Sections 12 to 15 that cover title, sales by description, satisfactory quality, fitness for purpose and sale by sample. Implied terms, which seek to protect the buyer of goods, are the conditions in a contract of sale which are so obvious that the seller does not need to write them in the contract (Grier, 2006). For instance, when a person buys a bottle of water, it is apparent that the store owns it but that there will be a transfer of ownership (title) to the buyer. In this essay, we will particularly focus on two of these implied terms cited in Sections 13 & 14 of the 1979 Act regarding the matter of description and satisfactory quality.

[...] To conclude, the importance of the implied terms in SOGA 1979 is to understand that they impose strict liability which means that if the seller breaches any of these implied terms stated above, he/she will be liable, no matter whose fault caused the breach. The buyer can claim refund, repair or replacement for his goods if he considers that the seller committed one or several breaches of the implied terms. The court, to judge a case, takes into consideration every characteristic of the implied terms mentioned in Section 13 and 14 and explained above. [...]

[...] Dobson, P. (2008). Commercial Law . Hants: Ashford Colour Press . Enterprise Act 2002 (2002 Act) Grant v. Australian Knitting Mills [1936] Grier, N. (2006). Law Basics/ Commercial. Corwall: MPG Books. Griffiths, M. (1996). Law for Purchasing & Supply (2nd edition [...]

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