1. Parties:
2. Contract:
a. B2B
3. Identify the terms of the contract:
a. Express: incorporation:
i. Timing –
Routledge v Mckay (statement about age of motorcycle made two days prior to
sale = representation. Not term).
ii. Importance –
Bannerman v White (hops treated with Sulphur = term as buyer stated would
only buy if so).
iii. Expertise –
Dick Bentley v Harold (expert sold layman car as ‘well-looked after’ = term);
Oscar Chess v Williams (layman sold 2nd hand car to expert. Turned out to have
doctored manual, but statement = not term).
iv. Further checks –
Schawel v Reade (Schawal purchasing horse, yet assured by Reade when about
to inspect that horse fine for stud purposes);
Hopkins v Tanqueray (Auction for horses = without guarantee. Tanqueray
assured Hopkins fine for stud purposes but not term as assurance was made in
keeping with industry standard; auction – no guarantee).
b. Implied:
i. SGA 1979 –
s. 12: Title
s. 13: Description
s. 14: Quality/fitness for purpose
s. 14(2A): meet standard reasonable person would regard as
satisfactory.
S. 14(2B)(a) fit for common purpose
S. 14(2B)(d) safety.
S. 14(3) fit for particular purpose made known by purchaser.
s. 15: Sale by sample
ii. SGSA 1982 –
s. 13: due care and skill
s. 14: within reasonable time (when silent)
s. 15: reasonable attention (when silent)
4. Breach:
On the facts.
5. Classify the term:
i. Condition/Warranty:
Express terms:
Poussard v Spiers: does term go to root of contract? If so – condition.
Implied terms:
SGA: look in statute itself, i.e. s. 13(1A).
Note: where breach of s. 13 (description), s. 14(quality), s. 15(sale by
sample) consult s. 15(A)(1)(b) – ‘Where in the case of a contract by
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 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 gdlrevision. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.99. You're not tied to anything after your purchase.
