Summary Sale of Goods Law - Express and Implied Terms Exam Notes
72 views 1 purchase
Course
Sale of Goods Law
Institution
The University Of Sheffield (TUOS)
The document includes an in-depth analysis of express and implied statutory terms from Sale of Goods Act 1979, Consumer Rights Act 2015 and Unfair Contract Terms Act 1977 in relation to a contract of sale. The contractual rights of a buyer and a seller are also stated in addition to buyer's and sel...
EXPRESS AND IMPLIED TERMS EXAM NOTES
Sale of Goods Act 1979 (B2B)
S.11(3) SOGA - conditions and warranties
S.27 SOGA - “seller must deliver and buyer must accept and pay”
If there is a faulty delivery, the buyer has the option to
accept the goods
Reject the goods, or claim damages
Affirm any breach
S.28 SOGA - Payment and delivery
S.29 (1) SOGA - the type of delivery is up to the parties
S.29 (3)(5) SOGA - delivery time - if not fied by contract - reasonable
time (3) and reasonable hour (5)
Remedies for late delivery - B2B
• if time of delivery is fied and is a condition, buyer can terminate
• Damages - losses arising in ordinary course of events - Hadley v Bax-
endale principles:
1. Those which may fairly and reasonably be considered arising nat-
urally from the breach of contract or
2. Such damages as may reasonably be supposed to have been in
the contemplation of both the parties at the time the contract was made.
If any special circumstances eiists which were actually communi-
cated to the Defendant, the Claimant may recover any damages
which would ordinarily follow from a breach of contract under
the special circumstances communicated.
S.10 (2) - Stipulations about time
if a seller includes a term saying that delivery is not of the essence they
have to be very careful in relation to eicluding liability regarding delivery
bc in a b2b contract such eiclusion may be considered unreasonable and
therefore unenforceable under the terms of the unfair contract terms act
S.30 SOGA - How much to deliver - quantity is NOT a condition
1
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
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 meliskaragul. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.74. You're not tied to anything after your purchase.
