Analysis of Commercial Law: EU Sales of Goods Impact in UK

This report provides an in-depth analysis of commercial law, specifically focusing on the impact of the European Union's Sale of Goods legislation on both sellers and buyers within the United Kingdom. The report begins with an introduction, outlining the background, aims, objectives, and research questions. A comprehensive literature review then explores the provisions of the Sales of Goods Act 1979, detailing the rights, obligations, and available remedies for both parties involved in commercial transactions. The methodology section explains the research philosophy, approach, design, techniques, data collection methods, sampling techniques, data analysis, and ethical considerations. The core of the report, the data analysis chapter, utilizes thematic analysis to interpret the collected information. Finally, the conclusion and recommendation chapter summarizes the findings and suggests areas for further study or improvements. The report aims to critically identify the provisions of the Sales of Goods Act, evaluate the rights and obligations of buyers and sellers, and determine the impact of EU legislation on the UK market.

An Analysis of commercial
law: To investigate the impact
on European Union Sale of
Goods legislation on seller
and buyer of UK.

Table of Contents
CHAPTER 1 - INTRODUCTION...................................................................................................1
1.1 Overview..........................................................................................................................1
1.2 Background.....................................................................................................................1
1.3 Aims and Objectives.......................................................................................................2
1.4 Research questions.........................................................................................................2
CHAPTER 2 - LITERATURE REVIEW........................................................................................3
2.1 Introduction....................................................................................................................3
2.2 Provisions of Sales of goods act.....................................................................................3
2.3 Available remedies for both buyers and seller.............................................................5
2.4 Importance of both laws................................................................................................6
CHAPTER 3 – RESEARCH METHODOLOGY...........................................................................7
3.1 Introduction....................................................................................................................7
3.2 Research philosophy.......................................................................................................7
3.3 Research approach.........................................................................................................7
3.4 Research design..............................................................................................................7
3.4 Research technique.........................................................................................................8
3.6 Data collection.................................................................................................................8
3.7 Sampling technique........................................................................................................8
3.8 Data analysis...................................................................................................................8
3.9 Ethical consideration......................................................................................................9
CHAPTER 4 - DATA ANALYSIS...............................................................................................10
4.1 Introduction..................................................................................................................10
4.2 Thematic analysis.........................................................................................................10
CHAPTER 5 - CONCLUSION AND RECOMMENDATION...................................................13
5.1 Conclusion.....................................................................................................................13
5.2 Recommendation..........................................................................................................14
REFERENCES..............................................................................................................................15

CHAPTER 1 - INTRODUCTION
1.1 Overview
The Sales of goods Act 1979 regulates legal contract or agreement in which products and
services are sold by sellers and bought the same by buyers. In which these two parties perform
several functions which are mentioned under law. Customers is the person who wants to meet his
requirement through purchase goods from seller (Bridge, 2012). They are bound to fulfil their
legal obligation in order to comply with rules of law. Also seller is the person who wants to sells
their products for the purpose of earn better profit. These two parties come in legal contract with
each other and bound to attain their obligations. Section 61 of this act define goods such as
personal chattels but it doesn't include services or money. There are certain rights are available
for both of them which are able to protect their interest and rights. Through which they can attain
target and easily meet their target as well. They are bound to fulfil rules and responsibilities
which are imposed on them as per law. Furthermore, sellers are bound to provide best quality
services to their targeted customers in order to satisfy their needs and fulfil their requirement as
well. Also buyers have to pay amount at the time of delivery of goods. Otherwise sellers having
right to file case against opponent for non-payment or non-acceptance of goods at the time of
transfer of goods. In case sellers are failed to transfer products the other parties having right to
lodge complaints against them in order to receive amount of compensation equal to damages.
European Union sales of goods legislation having impact on both buyer and seller. Such act
covers rules and policies for performance of parties.
Agency law is the legal term which is created by two parties known as principal and
agent. Both comes in contractual relationship with each other and bound to fulfil terms or
conditions mentioned under rules of law. They must sign written agreement and try to comply
with accordingly. Principal appoint agent for some specific purpose and needs to pay
commission for the same. Responsible to provide after sales profit to them. Have to promote
their services in international market for the same purpose needs to opted different methods.
1.2 Background
European Union sales of goods legislation define several roles and responsibilities of
both buyers and sellers. Suitable remedies are available for them which can able to protect their
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interest and rights. Sellers are bound to offer satisfactory quality of people in order to keep them
for long time. Quality of means goods must provide as per the description of buyer. Under
section 35 person only deliver goods when it is applied by buyer. Also they can resell the goods
and services in certain circumstances it is mentioned under section 54.
In Sales of goods act no person can transfer better title then real owner so that seller has
to transfer title at the time of delivery (Schwenzer, Hachem and Kee, 2012). After seller having
right over such goods. After transaction person can use or sale it to another person it his own
choice. It includes chattels which include several types of movable personal property like
furniture, appliances and much more. It should be meet satisfactory quality of customers.
Products neds to be fixed for the purpose of consumers and able to meet their target as well.
Description shall be provided by buyers in written form and it should be frame in clear format
which is clearly understandable to seller. If buyer receive product with minor defect, then they
can request for repair rather than refund. They can ask for replacement as well. Price must be
clearly communicated among both in order to reduce chances of creation of confusion which is
able to decrease their performance and work quality as well (Dannemann and Vogenauer, 2013).
1.3 Aims and Objectives
Aim: An Analysis of commercial law: To investigate the impact on European Union Sale of
Goods legislation on seller and buyer of UK.
Objectives:
 To critically identify provisions of sales of goods act.
 To evaluate rights and obligations of buyers and sellers.
 To critically determine the impact on European Union Sale of Goods legislation on seller
and buyer of UK.
1.4 Research questions
 What are the provision or sub sections of Sales of goods act?
 What are the rights and duties of sellers?
 What are the significant duties and responsibilities of buyers?
 Define available remedies of both buyer and seller?
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CHAPTER 2 - LITERATURE REVIEW
2.1 Introduction
According to the views of Schwenzer, Hachem and Kee, (2012), it is stated that Sales of
goods Act 1979, define relationship of two parties called as seller and buyer. The person who
deliver goods and services called as seller and to whom they transfer products are known as
buyers. They signed a written document for the same purpose and try to complete their
obligations which are imposed on them. Sellers are responsible to provide bets quality of
products and services to customers in order to attract them and earn better profit. With the help
of this they can keep consumer for long time and increase in numbers as well. They have to
maintain relationship with each other through comply with laws. Consumers provide description
to seller in order to meet quality of goods with their satisfaction.
As per the word of Riley, (2017), there are several types of remedies are available for both
seller and buyer. Remedies are able to protect rights and interest of them and able to satisfy their
needs as well. Customer can file case against seller in special circumstances such as non-delivery
of goods, provide defected products and so on. They are bound to fulfil their duties which are
mentioned under and imposed on them as well. Both parties frame legal contract with each other
for the purpose of place an order and delivery of goods. Quantity, price, date of delivery, name
of parties and much more. These terms are mentioned under legal document which is framed and
signed by them.
2.2 Provisions of Sales of goods act
Dannemann and Vogenauer, (2013), says that section 12(1) of Sales of goods Act 1979,
defined implied condition that sellers have to deliver best quality of products to people.
According to Section 13 (1) of this act goods are able to meet requirement of customers and
fulfil their needs as well. Legal contract has been framed by both parties under section 2 and
responsible to fulfil their legal obligation which are mentioned under act. As per section 6 or 7 of
this act if goods become expire before contract comes in force than contract become null and
void also penalty has been charged to sellers. As they are not able to deliver goods after their
expiry dates. Amount of goods becomes consideration for seller which needs to be provided by
customers to them in exchanges of good which should be mentioned under section 8 (2).
Quantity and prices must be decided by both parties through mutual consent mentioned in
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written agreement which is considered as prima facie evidence for them. No party can deny with
their obligation which are imposed on them.
On the basis of statements of Magnus, (2010), it is concluded that section 12 of this act
defined that no person can transfer better title then the real owner. So that sellers are responsible
to transfer title of goods to customers when both parties completed their obligations. After that
consumer can use product through way they want or can be sell to another person as well.
Section 13 (1) defined certain rules that sellers have to provide products as per description
provided by customers.
Drobnig, (2010), defined that there are various types of duties of sellers has been
mentioned under Sales of goods Act 1979 which are imposed on them. Such as they are bound to
deliver better quality with correct quantity which has been ordered by customers as per section
30. S15 they have send sample if such sample accepted by people than seller can deliver
remaining. They can lodge complaints against buyer for non-payment of price under s49. Also
they can file case in order to receive amount of damages non acceptance of goods in s50. If
buyer purchase goods of credit sale than opponent is known as unpaid seller. In that case person
is responsible to made payment in timely manner and maintain their relationship as well. Unpaid
sellers having rights related to Lien under s41.
As per the statement of Clarke, (2014), it has been depicted that Sales of goods act
consists several duties and responsible to of buyers in order to protect their interest or rights.
They have to perform function accordingly and try to fulfil their obligation within stipulated time
period. At the time of delivery of goods purchasers are responsible to accept goods under section
27 of this act. Duty imposed on them for made payment to sellers in same section. They have to
inspect goods before purchase in s43 because after that opponent is not responsible to for the
same. But in case sellers are failed to deliver goods and services to customers than they having
right to file case against them in order to receive amount of compensation equal to the amount of
damages under s51. If transferor deliver defected or damaged goods than client having right to
reject the goods and demand for another or can claim for the damages.
As per rules of law if seller not able to hold the better title then are not able to transfer the
same to another person and buyer can sue him for breach of implied terms and conditions
mentioned under law. But in case they hold voidable title, it can be transfer to buyers in good
faith. But if title has been void before performing contract than it cannot pass to other.
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Harlingdon v Chistopher in this case it has been held that sellers are responsible to provide
goods according to description as per implied condition of this act. If it breached, then other
party can file case against seller in order to receive amount of compensation equal to mentioned
under rule.
2.3 Available remedies for both buyers and seller
As per the views of Hugo and Du Plessis, (2014), it has been examined that different types
of remedies are available for the purpose of protect rights of people. The remedy for the purpose
of breach of contract is able to maintain performance of parties. It can protect them from several
types of loss and damages. The person who act as customer under legal contract for sales of
goods of services are able to file claim for remedies if another party fails to comply with their
duties and non-performance of duty. In case of breach of legal contract with the mutual consent
of both parties than no remedies are available for them. In which one person can file claim in the
fault of another. Also another person is responsible to pay amount of compensation.
Rezende de Azevedo, (2013), says that The Consumer Rights Act 2015 is able to provide
wider range of remedies for the protection of interest of customers. According to such consumers
having right to reject defected goods and services. But it should be rejected with in stipulated
time period. After this then time has been and consumers are not able to return goods. In this
process seller having two options either provide refund or exchange products with best quality.
Before comes in legal contract both parties must have proper information or knowledge related
to framing of agreement, about goods and services for which they placed an order or deliver the
same and other information. Due to which no person is able to wrongful act with other. Also they
are bound to follow their legal obligation which are imposed on them and mentioned under law.
Due to non-performance of contract and another party suffered then suffered is able to file case
in order to receive amount of compensation equal to damages caused to them.
According to the words of Rezende de Azevedo, (2013), it has been depicted that seller
having further remedies such as suit for price and suit for non-acceptance of goods and services
at the time of delivery. In case buyer wrongfully neglects as well as refuses to pay prices of
products, then seller may lodge complaints against him for the purpose of recovery of price.
Under the contract, the sale of price needs to be pay at the time of delivery of goods. For the
same purpose both parties are responsible to pay compensation to another at the time of their
default. On the other side, the passing of property or goods consists certain terms and conditions,
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in case such conditions are not fulfilled then they cannot suit for the payment under such law. No
customer is able to deny for payment of price at the time of delivery of goods. Section 49 of
Sales of Goods Act 1979 is able to offer multiple actions which is seller are able to use them as
action for the price of product and services. Section 49 (1) deals with the situation when goods
has been passed by seller and buyer refused to accept the same. On the other side. Section 49 (2)
deals with the non-payment in case goods are not delivered. There are various opportunities
provided to seller to file case against buyer but they have to prof fault of buyer or mention goods
which they deliver to another party.
Hugo and Du Plessis, (2014), has been examined that Article 46 consist rules for
performance of buyers and able to maintain the same as well. As per this act seller are bound to
deliver best quality of goods and services to people in order to attract them in effective manner.
Suit for non-delivery of products at stipulated time period. They can reject goods if seller deliver
rejected products which are not able to meet satisfaction of them.
2.4 Importance of both laws
Segrestin and Hatchuel, (2011), said that The main importance of agency law is that it
can maintain free flow of transactions which are conducted among them. Parties can attain their
target and maintain their performance as well.
Hyman and Kovacic, (2012), stated that The significant objective of sales of good act is
that parties can easily conduct transaction of sold and bought. According to these sellers are free
to sell goods whatever they want and buyer are purchase as well.
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CHAPTER 3 – RESEARCH METHODOLOGY
3.1 Introduction
Research methodology is helpful chapter for receive much information or knowledge
about related topic. In this part, investigator opted various types of techniques in order to respond
questions and collect further knowledge as well. The present report is focuses on secondary
research which is carried out on relevant data.
3.2 Research philosophy
The philosophy has been used as overarching term which is related with the development
of knowledge related with investigation. It is helpful for present report. There are two types of
approaches has been used such as positivism and interpretevism. Under positivism approach,
researcher can conduct hypothesis and along with this it provides an opportunity for explanation.
On the other hand, in interpretevism researcher needs to provide facts and figures which are
associated with the present research.
In present report interpretevism approach has been used to identify information related to
provisions of sales of goods act and agency law. This can develop proper understanding of
related and also it is beneficial for them.
3.3 Research approach
Research approach is able to provide proper guidance to investigator in order to attain
objective within stipulated time period. These are two types known as inductive and deductive.
Furthermore, inductive approach is able to move from specific situation to the broader general
ideas through which theories are easily formulated in effective manner. On the other hand,
deductive approach is move from theories to general ideas.
In present report inductive approach has been used. With the help of this researcher can
collect so much information and data related to their topic.
3.4 Research design
It is considered as most important aspects of present investigation. It is defined as
strategies which is helpful for researchers. These are several types such as descriptive and
exploratory. However, exploratory research design is able to develop hypothesis in order to
identify relationship between different variables. This types of design have been used in present
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report. Researchers have to determine best design in order to get fruitful result related to
collection of data related to topic provisions of sales of goods act and agency act.
3.4 Research technique
There are two types of research techniques has been used such as qualitative and
quantitative. Through this investigator are able to conduct in-depth analysis for the purpose of
gather information or data. In qualitative technique which are descriptive in nature. Furthermore,
quantitative method is related to secondary research method in which data has been collected
through various literature or books or journals.
3.6 Data collection
This technique present suitable techniques which is related to gathering data for the
purpose of attain their aims and objectives. It includes two methods known as primary and
secondary research method. In primary data collection, information collects through prepare
questionnaire and ask questions from people in order to identify their perspective related to topic.
In this data has been collect by investigator personality. On the other side, secondary data collect
from several books and journals.
So that, the present report is based on secondary research method in which person
received information related to provision related to sales of goods act and agency law. Through
they are obtain accurate as well as reliable information.
3.7 Sampling technique
In sampling technique method, researcher select few people and receive information from
them as a sample. It is effective technique which is helpful to attain their target and maintain
performance as well. Data can be collected through taking things as a sample rather than select
things entirely. In present report data needs to collected related to identify importance of laws
such as sales of goods act and agency law. In which person have to done in-depth study of any
particular topic.
3.8 Data analysis
Through data collection method several types of sources have been used which are
important for researchers. Two techniques have been used which are related to qualitative and
quantitative in nature. Qualitative technique opted in order to grow or develop better
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understanding related to identify provision or rules and responsibilities of agents and principals.
Through this greater knowledge is able to enhance.
3.9 Ethical consideration
This approach is considered as important aspects which is used by large number
researchers for the purpose of conduct research and collect all related information or data. With
the help of ethical norms target can be achieved in effective manner. The main aim of present
report is to identify importance of law and identifying reasons for breach of legal contract by the
parties. Through this research needs to collect information or data which is beneficial for parties.
Ethical consideration is able to maintain work in effective manner. In present report different
authors needs to take into consideration in order to conduct proper investigation. Secondary data
collection methods used for this purpose. This method has been used to maintain authenticity of
the present research. This is helpful for reach with in stipulated time period.
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CHAPTER 4 - DATA ANALYSIS
4.1 Introduction
Data analysis has been considered as procedure which is helpful for makes an application
of statistical and logical technique. The main aim of this method is to evaluate data in effective
manner. This chapter is related with collect significant information or data. The present
dissertation is based on provisions related to sales of goods act and agency law. For the same
purpose conduct thematic analysis in order to gather information.
4.2 Thematic analysis
Theme 1: Provisions of Sales of goods Act 1979 having impact on sellers and buyers of United
Kingdom.
Findings- Through the analysis of overall study it is examined that different types provisions
mentioned under this act which having impact on the performance of both seller as buyer. They
can restrict seller that they are not able to provide defected goods, after stipulated period and
below the satisfactory level of customers. So that, they are bound to perform accordingly if failed
to do so then buyers having right to lodge complaints against them in order to receive their
amount of compensation equal to damages caused to them due to delivery of defected goods.
Also this act is able imposed responsibilities on buyers that they are bound to accept products for
which they placed an order and made payment for the same as well. If they failed to provide
payment within time period than another party having right to file case against them.
The entire and performance of both has been depend on the such act. No party can do act
against rules which are mentioned. Various types of obligations are provided to them which they
have to fulfil while they performing functions. As parties are bound to follow their roles and
responsibilities which are provided to them. They must form legal agreement with each other and
try to perform their function accordingly. Claim can be file by any party in case they suffered
losses due to negligence or non-performance of act. Sales of Goods Act 1979 is able to resolve
matter of parties which occurred among them during their performance. No person can transfer
better title then the real can do. So that, sellers are bound to deliver title of the goods to buyer at
the time of delivery of products and services.
Theme 2: Importance of sales of goods act.
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Findings- From the above findings it has been concluded that sales of goods act are important
for free flow of goods and services among parties known as sellers and buyers. Through buyers
can able to receive better title of the goods and becomes real owner as well. Also they receive
better quality of products and services. Cited mentioned implied terms that there are strict
liabilities imposed on them that if sellers’ breaches any of the implied terms and conditions they
will be liable for fault caused to customers for such breach and also it becomes a reason for
dispute which is created among them. According to section 13 to 14 of this act define implied
conditions if breaches by seller than buyer having rights to claim for replacement or repair.
Sales of goods act is able to maintain commercial transaction and protect interest or rights
of people. Imposed strict liability on them in order to provide proper guidance to them. There are
implied conditions mentioned under law that sellers are bound to deliver best quality of products
and services to consumer. They are still liable for any fault or breach of contract. In case of
default buyer is able to file case against seller in order to receive amount of compensation. It
should be paid equal to amount imposed on them or damages caused to person. Under this act
good consists movable property except some actionable claims. Both parties have to fulfil their
consideration. Price of good is the consideration of seller and products or services shall be the
consideration for buyer. both try to fulfil their legal obligation which are imposed on them.
Theme 3: Roles and responsibilities of sellers and buyers.
Findings- Different types of rights and responsibilities of both parties are mentioned under this
act which are imposed on them as per the rules of law. As per section 35 of this act sellers are
responsible to deliver best quality of goods when it is applied by customers in their description.
Also they are able to resell products and services in several circumstances under s54. Have to
deliver better title to customers at the time of delivery of goods. In s55 they can sue for price in
case of non-acceptance of products on delivery. As per section 31 transfer products according to
terms and conditions mentioned under law. Try to agreed better quality to customers in s37 (1).
The main and important duty of buyer is that firstly they have to place an order for goods
which are able to fulfil their needs and made payment equal to the agreed amount for which they
are frame an order. In case they want to refuses to accepts the goods this is the duty to inform
sellers before date of delivery. Can receive refund seller failed to provide better quality or within
stipulated time period.
Theme 4: Provisions of Agency law having impact on agents and principals.
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Findings- From the given study it is examined that, several provisions mentioned under agency
law which having impact on the performance of both agent and principal. This law can have
imposed restriction on principals that they are not able to misuse skills and qualification of their
agents. Responsible to appoint agent which are fir for their purpose and capable enough to meet
target as well. Legal authorities imposed restriction on agents as well that they are not able to
earn secrete profit.
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CHAPTER 5 - CONCLUSION AND RECOMMENDATION
5.1 Conclusion
It has been concluded from the above dissertation that Sales of goods Act 1979 is able to
create legal obligation for both sellers and buyers. Both parties are bound to follow rules,
regulation and policies which are imposed on them and mentioned under law as well. They have
to perform well in order to attain their target within stipulated time period and fulfil their
consideration as well. Like amount of products and services is the consideration for seller and
goods are the consideration for buyers. It is helpful for facilitates free flow of goods and services
from one person to another through smooth functioning. Several types of techniques opted by
investigator in order to meet their objectives and collect more information related to provision of
law. This process provides continuous growth and development which are useful for their
purpose. Thus, sales of goods act are play significant role in transfer of products and services
from one place to another place and through one person to other. It is the freely flow of goods.
Non-performance of act is able to create liability for that party who failed to perform act.
Objective: 1 To critically identify provisions of sales of goods act.
Through the present study, it has been explored that in Sales of goods Act 1979 legal
contract has been framed among sellers and buyers. Goods and services needs to be transfer
without any condition. Rate, time, quantity and other related information needs to communicated
among parties before performing function. Parties are bound to follow rules and policies which
are mentioned under law and imposed on them as well. Various types of remedies available for
both parties for the purpose of maintain their performance and protect them intersect as well.
Best quality needs to provide by sellers to their targeted customers in order to keep them for long
and try to fulfil their needs as well. Roles and responsibilities mentioned under act which have to
follow by them. Certain provisions mentioned under this act which are able control activities of
parties.
Objective: 2 To evaluate rights and obligations of buyers and sellers.
From the above project, it is examined that there are various types of rights and legal
obligation are available for both sellers and buyers which they have to consider while they are
performing functions. Courts imposed penalties on them if they are failed to comply with their
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legal obligations. On the basis of rights, parties can resolve their matter or they can lodge their
complaints against another party who failed to comply with legal obligation.
Objective: 3 To critically determine the impact on European Union Sale of Goods legislation
on seller and buyer of UK.
There are various types of provision mentioned which are related to sales of goods act
and agency law having impact on the performance of parties. It can have imposed restriction on
parties for the purpose of smooth functioning. Also it can maintain performance of people and
try to fulfil their target as well. There is lots of possibility of creation of confusion among parties
which becomes a part of dispute. So that, dispute of parties can be resolve by legal authorities in
effective manner and offer best services to them as well. European Union sales of goods
legislation is binding parties to follow their duties and try to perform functions accordingly. Such
law having impact on the roles and responsibilities of other person.
5.2 Recommendation
Several recommendations have been offered to legal authorities through which they can
effectively contribute in growth and development of various legal terms. The main aim of such
rule is to protect interest or rights of people. Disputes which are created among parties can be
easily resolved with the help of various rules and regulation. They are bound to listen matter of
them and then provide their final decision which are beneficial for them and also maintain their
performance as well. For the protection of existing laws government needs to take further step
which is beneficial for them. Responsible to conduct education programme for people in order to
save them from different types of exploitation. Educated people are capable enough to
understand their roles and responsibilities.
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