Sale of Goods Act 1979, under Sections 12, 13, 14, 15 Essay, Summary, and History; What is the Sale of Goods Act? This act calls for goods to be as defined, of exceptional nice, and match for the cause. Fit for motive approach each for their normal cause, and additionally, any particular purpose which you agreed with the vendor (as an example, in case you especially asked for a printer that might like-minded along with your computer or wall tiles that might be appropriate to use in a restroom).
Goods sold must additionally healthy any pattern you proved in-store or any description in a brochure. The best time goods don’t require to be quality high-quality is if an illness or difficulty becomes especially drawn for your interest earlier than you purchased them. So, in case you tested the goods and could observe (however did not do so) that they have been no longer of first-class quality; or, in the case of sale by sample, if the lack of excellent would have been obvious on an inexpensive examination of the sample, you would no longer be capable of arguing that the goods have been not of excellent pleasant.
This summary examines the Sale of Goods Act 1979 (“the Act”) within its context: why it existed drafted; what are its important provisions, and how it has changed since it came into force. More to know Antitrust Law Case Study; It submitted that the Sale of Goods Act 1979 has been part of a change in consumer dealings, with its most significant contributions being to the rights consumers have where they buy products that turn out to be faulty. Indeed, its use has been so central to implied terms in particular, that one author criticized for failing to see the contribution of the Act to the law of implied terms. At the same time, the Act’s importance has to an extent been diminished by the introduction of very recent legislation.
The Act codified various provisions, such as the formation of a contract; which was already prevalent and well-established in the common law. However, its contribution was to enhance consumer confidence. It argued that without the Act, and its successors, there would be little protection for consumers. This imbalance of consumer rights would lead to significant caution and even “defensive consumerism”.
If consumers believe they have few rights when purchasing goods, then they are slow to trust newer and less-familiar brands and will continue to buy goods from established brands, even where those goods lack in quality. Therefore, if the legislature does not guarantee certain minimums for consumer confidence, competition would suffer. In summary, the Act stood brought about due to a concern for protecting consumer rights; and thereby promoting consumer confidence and increasing competition amongst producers.
The Act recognize for its contribution to the law of implied terms. Sections 12, 13, 14, 15 guides the existence and scope of implied terms relating to title, quality, sale by description, and sale by sample. It submitted these sections are central to any considerations about implied terms.
It is important because of its use of several concepts. First, it implies several terms into all contracts, those terms being that the goods are of satisfactory quality; which is evaluated by reference to the “state and condition” of the goods. Second, the section contains an important proviso: the terms only imply when the sale conducts “in the course of a business.” The “valuable decision” of MacDonald v Pollock – a Scottish case which nevertheless provides important guidance for applying the Act across the UK – has recognized this section to have far-reaching consequences for business-to-consumer and business-to-business transactions, because the definition of a business is now a material issue.
It refers to remedies for breach of conditions in non-consumer cases. This section says a buyer may claim for breach of warranty, but not repudiate a contract, where “the breach is so slight it would be unreasonable for [the buyer] to reject [the goods].” This section has been argued as “central to elements of commercial practice” – as in one case – to concepts of description, condition, and rejection.
The Act makes other specific additions to contract law designed to protect specific consumers. Section 3 of the Act gives detail about “necessaries” purchased by a minor. According to that section, necessaries – defined as “goods suitable to the condition in life of the minor and to his actual requirements at the time of sale and delivery” – must sell/purchase at a “reasonable” price. That section also requires a reasonable price must pay by a person who “because of drunkenness is incompetent to contract.”
In conclusion, it submitted the Act has codified the law, provided guidance on various miscellaneous issues; and has been most significant for its contributions to consumer protection and commercial practice through the use of implied terms.
First, the Act and its place in consumer dealings further expanded on by subsequent legislation, in particular the Unfair Terms in Consumer Contracts Regulations 1999. These Regulations have added “to the consternation of UK lawyers”, the requirement by businesses to show good faith. This is a form of dealing which often seen in Continental European jurisdictions; but much less often in English law, which has “freedom of contract” as its object. Due to it not being part of English jurisprudence, the concept of good faith “remains primitive”. Nevertheless, these legislative developments have been accommodated, if only to some extent; because of the detail given by the Act to implied terms.
The Act has also been recently subjected to a reduction in its scope. The Consumer Rights Act 2015 (“the 2015 Act”); which came into force in October 2015, repealed a significant portion of the Act. The Act formerly had provisions relating to unfair terms of the contract in dealings vis-à-vis consumers and businesses. All of those provisions have now been repealed and replaced by the 2015 Act. Importantly, the 2015 Act has enshrined consumer protections relating to digital content.
On the one hand, these changes are significant: the 2015 Act has introduced these protections; because issues relating to digital content, such as methods of delivery to smartphones; and the purchase of apps, lived not envisaged at the time of the Sale of Goods Act. To a degree, therefore, the 1979 Act retains been superseded. However, the Act still provides important concepts: the 2015 Act has principles of quality; and fitness for purpose that is very similar to the 1979 Act. Therefore, the Act continues to be relevant.
It submitted the Act has been part of and has helped to develop consumer protection. It has been part of an effort to boost competition by giving consumers certain assurances about their rights when purchasing from businesses (hence why the definition of a “business” is such an important issue). To an extent, subsequent developments have introduced concepts to consumer-to-business dealings that existed not envisaged in the Act. Nevertheless, it submitted these developments were only possible, at least in part, due to the foundations of the Act and its provisions relating to implied terms.
References; Sale of Goods Act 1979. Retrieved from https://www.lawteacher.net/acts/sale-of-goods-act-1979.php?vref=1