100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Terms Implied by the Sale of Goods Act $3.86
Add to cart
Quickly navigate to
Preview
  2.  
  3. Durham University (DUT)
  4.  
  5. Law LLB
  6.  
  7. Commercial Law

Case

Terms Implied by the Sale of Goods Act

1 review
 211 views  8 purchases
  • Course
  • Commercial Law
  • Institution
  • Durham University (DUT)
  • Book
  • Commercial Law

Terms implied by the Sale of Goods Act 1979. Includes cases with facts, decisions, and notes to aid learning. Perfect to learn cases before exams without trawling through them all.

Preview 1 out of 8  pages

Document information

  • April 28, 2017
  • 8
  • 2016/2017
  • Case
  • Rachel avery
  • Unknown

Subjects

  • commercial
  • law
  • sale of goods act
  • sga
  • terms
  • implied
  • rachel avery
  • durham
  • university
  • s13
  • s14
  • s15
  • s12
  • section12
  • section 12
  • section
  • 1979

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

More summaries for

  • Nemo Dat Exceptions Cases
All for this textbook (2)

Written for

  • Durham University (DUT)
  • Law LLB
  • Commercial Law
All documents for this subject (8)

1  review

review-writer-avatar

By: afuanimwaah • 6 year ago

Seller

avatar-seller
LC212

Reviews received

Content preview

Terms Implied by SGA 1979
S12
S12 SGA
What it says S12(10 – S has right to sell goods (and agreement to sell covered)
S12(2)(a) – warranty that the goods are free from charge or encumbrance
S12(2)(b) – warranty that B will enjoy quiet possession of goods
S12(3) – sale of limited title
S12(5A) – classifies terms


S12(1) – right to sell

Rowland
Legal Principle S12(1)
Ratio S12(1) is a condition, therefore when breached the contract can be rescinded,
and B can demand return of purchase money, unless has waived this condition
Generally – B cannot rescind a contract of sale and get back the purchase money
unless he can restore the subject matter
Notes This rule can be very harsh – shown in Butterworth – where demonstrates it
favours 3rd party purchasers even where S thought he legally had good title
Law Commission report recommended that B in these circumstances should be
entitled to recover no more than actual loss – nothing taken to implement this


Nibblet
Legal Principle Scope of s12(1)
Ratio S12(1) is much wider in its scope than inferred from the label ‘implied condition
to title’, which it’s commonly applied to – here, even though S owned the goods
he was in breach of s12(1) because of copyright issues (‘Nissly’ milk sued by
‘Nestle’ as he didn’t have title to the name)


Butterworth
Legal Effect of s12(1) breach
Principle
Facts


HP Sells Sells sells
A to B to C to D to E


Ratio A tried to get car from E, even though B paid HP after sales to A
Held – B guilty of breach of s12(1), therefore E can recover full purchase price,
even though used car lots


Mason
Legal Principle S12(1) and s12(2)(b) relationship

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller LC212. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $3.86. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53068 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$3.86  8x  sold
  • (1)
Add to cart
Added