Complete notes covering Workshop 1 of the University of Law's Dispute Resolution Module.
- Sale of Goods Act 1979 (Key Provisions)
- Supply of Goods and Services Act 1982 (Key Provisions)
Statute for Breach of Contract
Sale of Goods Act 1979
When a consumer – own use…
Usually when you purchase pre-packaged goods…
SECTION 14 – IMPLIED TERMS
(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract
are of satisfactory quality.
(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would
regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant
circumstances.
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in
appropriate cases aspects of the quality of goods— (a) fitness for all the purposes for which goods of the kind in question are
commonly supplied, (b) appearance and finish, (c) freedom from minor defects, (d) safety, and (e) durability.
(3) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known—
(a) to the seller, or
(b) where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit-broker to the
seller, to that credit-broker,
any particular purpose for which the goods are being bought, there is an implied that the goods supplied under the contract
are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except
where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of
the seller or credit-broker.
Supply of Goods and Services Act 1982
Usually by a business when you purchase bespoke services/goods with a particular spec to be used FURTHER
More common, e.g. buying plywood for boating making
ALWAYS when service
SECTION 4 - IMPLIED TERM ABOUT QUALITY OR FITNESS
(1) Except as provided by this section and section 5 below and subject to the provisions of any other enactment, there is no
implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a [relevant
contract for the transfer of goods].
(2) Where, under such a contract, the transferor transfers the property in goods in the course of a business, there is an implied
condition that the goods supplied under the contract are of satisfactory quality.
(2A) For the purposes of this section and section 5 below, goods are of satisfactory quality if they meet the standard that a
reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all
the other relevant circumstances.
SECTION 13 – IMPLIED TERM ABOUT CARE AND SKILL
(1) In a [relevant contract for the supply of a service] where the supplier is acting in the course of a business, there is an implied
term that the supplier will carry out the service with reasonable care and skill
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