This is an extract of our Sale Of Goods document, which we sell as part of our Commercial and IP Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial and IP Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Sale of Goods
Part A: Fundamental Principles of Sale of Goods in English law (sgs 7) Exam structure flow chart: how to apply SGA and UCTA Identify claim Identify specific terms breached (express or implied) Is the term breached a condition?
Identify remedies available Has right to reject been lost?
(1) breach so slight it would be unr'able to reject (2) B has expressly/by implication waived breach (3) B has accepted goods Is there an exclusion or limitation of liability, howsoever expressed?
If so, apply UCTA and 'r'able ness test' S.11 and sch.2 factors UCTA alarm bells: Exclusion/limitation of liability Plus (1) one party trying to exclude liability for negligence; and/or (2) Exclusion/limitation of SGA ss.13-15; and/or (3) One party contracting on other's standard written terms What remedies remain?
Terms of a contract Terms expressly agreed by parties - can be written or oral
Condition or Warranty-
In addition, or in absence of express terms, certain terms are implied Can be implied into contract in a number of ways eg. Custom or practice in a particular profession/trade Conduct of parties or imputed intention of parties Previous course of dealing between parties Statute
- cond = term which is fundamental to performance of contract and is considered to go to root of contract
- W = contractual promise that goods provided will meet a certain specification. Less imp than a term
- Court looks effect of breach to determine which
Buy the full version of these notes or essay plans and more in our Commercial and IP Notes.