Lecture notes
comparison of SGA and CRA
- Module
- Contract Law
- Institution
- The University Of Kent (UKC)
table describing key differences between SGA and CRA
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The Sales of Goods Act Provisions that are the Consumer Rights Act 20151979- same for SGA and CRA CRA applies when a
Provides protection to business (trader) supplies
buyers and sellers by goods, digital content or
implying terms into every services to a consumer.
B2B contract and these are
deemed to be conditions if CRA does not imply terms
not otherwise discussed so into contract it instead
if any term breached can provides consumers with
seek the common law statutory rights they are
remedy of terminating entitled to.
contract and claiming for
damages. In such a case
trader may reasonably
request some proof of
purchase but does not have
to be receipt!
!!- Sales must be in course s.12. Pre- contractual
of business statement that induces you
Stevenson’s v Rogers to enter the contract can be
(1999)- In this case the written or oral statement
defendant was a fisherman made to the consumer by or
for 20 years and sold his on behalf of the trader
boat to the claimant, he about the services or the
also previously owned trader now automatically
another boat that he had becomes an implied term of
also sold. Claimant claimed contract. And such
boat was not of statements have to be
merchantable quality under considered by consumer
s.14(2) but defendant when deciding to enter into
argued this was not sold in contract or making any
course of business as only decisions about the service
sold one other boat before after entering into the
this one so was not stock of contract.
trade
COA: held course of Remedy: if statement is
business applied to any sale false consumers have the
made by business even if right to require repeat
what is sold is not the stock performance or a reduction
in trade and the defendant in price.
was in business off a
fisherman e.g. go to uni open day and
they make statements to
you to choose the university
then that would be an
implied term and if it is
wrong can have a reduced
, price
s.1(1)= This act applies to s.2(2) = Trader: a person
contracts of sale of goods acting for purposes relating
to that person’s trade,
business, craft or profession
whether acting personally
or through another person
acting in trader’s name or
on trader’s behalf.
s.2(3) = Consumer:
Individuals acting for
purposes that are wholly or
mainly outside that
individuals trade, business,
craft or profession.
e.g. a person who works
one day a week from home
and buys a kettle to be used
at home even if used on
that working day they are
still a consumer and
covered by CRA
s.2(7) = Business: Includes
the activities of any
government department or
local public authority
(includes universities)
s.2(8) = Goods: Any tangible
moveable items. Includes
water, gas and electricity
only if they are put up for
supply in limited volume or
set quantity.
s.2(9) = Digital Content:
Data which is produced and
supplied in digital form.
s.2(1)= a contract for sale of s.3 = Contracts covered by
goods is a contract by which this chapter
the seller transfers or
agrees to transfer the s.3(1) = This chapter applies
property in goods to the to a contract for a trade to
buyer for money supply goods to a consumer
, consideration called price
Only covers tangible s.3 (2) = Only applies if the
goods (not services) contract is one of the
Only allows money following
as consideration. a. A sales contract
Only for when b. A contract for the
ownership passes hire of goods
i.e. not hire c. a hire-purchase
purchase agreement
d. a contract for
transfer of goods
s.5 = Sales Contract: a
contract is a sales contract if
under it the trader transfers
or agrees to transfer
ownerships of goods to the
consumer and the
consumer pays or agrees to
pay the price .
s.61(1)= Goods include all
personal chattels other than
things in actions.
Covers tangible
physical
products/property
but does not include
things in action can’t
touch and move i.e.
cheques and shares
Breaches of these sections s.17 = Trader must have
enable buyer to terminate right to supply the goods
contract and sue for
damages because these are and if not under s.20 have
implied conditions Poussard right to reject
v spiers
S.12= it is implied
into every business 2
business sale of
goods contract seller
has right to sell
goods and must own
the property they
are selling.
S.13= Goods sold
should correspond
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