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The Sales of Goods Act 1979 - Doc

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Added on  2021-05-31

The Sales of Goods Act 1979 - Doc

   Added on 2021-05-31

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Introduction The Sales of Goods Act 1979 and the Supply of goods and services Act 1982 are the two mainenactments that aim at providing protection to the consumers. The Consumer Rights Act 2015was formulated and has replaced most of the provisions of the 1979 Act and 1982 Act though theAct has not been replaced and the provisions are still applicable for the sale of goods andservices. The legal provisions are now applied to the resolve the raised questions. Q1: Analyse and advice Mr John on the legal rules on implied terms relating to the sale ofgoods and supply of services.The sales of Goods Act 1979 enacted provisions which aim at imposing few conditions whichmust be comply with by every seller. The provisions are also part of the Consumer Rights Act2015 and are analyzed herein under:i.Section 17 of the 2015 Act (section 12 of 1979 Act) – The section submits that thereis an implied term as to title and is applicable when there is private sale amid businessto business transactions. Section 17 (1) submits that there is an implied condition that the seller has the right inthe goods to sell the goods and is held in Rowland v Dival[1923]. If any intellectualproperty right is voilared by the sale of the goods then also the seller does not havethe right to sell the goods and is held in Niblett v Confectioners' Material[1921].As per section 17 (2) it is also important that when the seller is selling the goods thenit must be free from all encumbrances. as The seller must also make sure that the buyer must enjoy the goods without anyhindrance. No person must make interference in the use of the buyer goods and isheld in Microbeads v Vinehurst Road Markings[1975].ii.Section 11 of the 2015 Act (section 13 of 1979 Act) – as per section 11 (1), when thesale is made with description, then, the goods supplied must correspond with thedescription and is held in Harlington& Leinster v Christopher Hull Fine Art[1991].The section has no relevance if the goods are seen by the buyer before the sale. iii.Section 9 of the 2015 Act (section 14 of 1979 Act) – when the goods are sold in thecourse of business as mentioned under Stevenson v Rogers[1999], it is necessary thatthe quality of the goods must be satisfactory in nature. the quality is satisfactory isjudges on account of what a reasonable man thinks including the appearance,durability, safety, fitness for the goods normally applied, etc and is held in AswanEngineering v Lupdine[1987]. The section has no relevance if the defect is laredybought to the notice of buyer and is held in Bartlett v Sidney Marcus ltd[1965].
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iv.Section 10 of the 2015 – It is submitted that if before the purchase of the goods, thebuyer has specified the reason because of which the goods are to be purchased andthe seller assures that the goods so supplied are fit for the purpose acquired, then, theactual goods supplied must fit for the purpose of the buyer and is held in Shine vGeneral Guarantee Corp[1988].v.As per section 13-14 of the 2015 Act – The goods must correspond with the sampleand model. Remediesi.As per section 19 (6) of the 2015 Act, if the seller does not have the title in the goodsthen the buyer has the right to cancel the contract and return the goods claiming fullpurchase price. There is no limitation as to time. ii.If the product is charged with encumbrances then it is violation of section 17, but onlydamages can be claimed. iii.As per section 19 (3) if there is violation of section 9-11, 13-14, then, the buyer hasright to reject the goods under section 20 and 22 of the Act, seek repair orreplacement of goods under section 23 of the Act and the has the right to reduce theprice of the goods under section 20 and 24 of the Act. iv.Specific performanceThe Consumer Rights Act 2015 includes the provisions of the sales of Goods Act 1982 which areapplied when the goods and services are supplier. i.Section 49 of the 2015 Act – the services must be provided with care and diligence.ii.Section 51 of the 2015 Act –if no price is agreed then reasonable price must be paid. iii.Section 52 of the 2015 Act – the services must be provided within reasonable time. iv.Section 7-10 of the 2015 Act depicts section 12- 15 of the 1979 Act. The provisions cannot be excluded by any clause as per section 6 of the Unfair Contract TermsAct. The law is now applied to the facts of the case.Mr John decided to stop at the departmental store in order to buy a TV in stock. A TV wasselected which was to be delivered within next three working days. Miss Sarah was fund to be inviolation of several provisions of the 2015 Act:i.Prior selling the TV, Miss Sarah told Mr John that the TV is of very high quality,durability and is good value for money. The TV was working fine for the first threeweeks but there was a flash and puffs of smoke that was coming out of TV. It issubmitted that there is breach of:
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a. section 17 of the 2015 Act as Mr John was not able to enjoy the TV and is nitfree from the inherent defects. b.Also, Miss Sarah before selling the goods made a description that the goods is ofhigh quality, durable and if good value for money, thus, there is breach of section11 of the 2015 Act. c.There is also breach of section 9 as the TV was sold in the course of business andis not of satisfactory quality, that is, is not safe, durable. d.Also, there is violation of section 49 and 51 as the services are not provided withcare and diligence and within reasonable time.So, Mr John can seek remedy under section 19 of the Act. The clause in the document has no relevance as per section 6 of the Unfair Contract Terms Act1977. Q2: Analyse and advice Mr John on the statutory provisions on the transfer of propertyand possession. There are several statutory provisions on the transfer of property and possession which are madepart of the Sales of Goods Act 197. The same are submitted herein below: (Owens K, 2001)i.Section 16 of the 1979 Act – it is submitted that the property in the goods will only betransferred when the goods are specific and in deliverable stature. If the goods are notspecific then the property will pass when the goods are converted in the deliverablestate;ii.Section 17 of the 1979 Act – when the goods are specific and is also in deliverablestate then as per DennantvSkinner(1948) the property in the goods will pass onlywhen the parties intend it to pass;iii.Section 18 of the 1979 Act - when the goods are specific and is also in deliverablestate but the intention of the parties regarding the time at which property must pass isnot certain, then, the rules of section 18 will apply:Rule 1 – if any pre requites are required before the property must be passed fromseller to buyer then as per LambertvG & C Finance Corpn.(1963) property willpass when such pre requisites are complying with;Rule 2 – If the goods are not in deliverable state then the property will pass onlywhen the goods are converted into deliverable state. Rule 3 – If the goods must be weighed or measured etc then the same must be done inorder to transfer the property in the goods and is held in PoolevSmith's Car Sales(Balham) Ltd(1962). The law is now applied.
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