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Sale Of Goods Act 1979 Consolidation Table Notes

LPC Law Notes > International Commercial Law Notes

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A more recent version of these Sale Of Goods Act 1979 Consolidation Table notes – written by Cambridge And Oxilp And College Of Law students – is available here.

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Sale of Goods Act FORMATION OF THE CONTRACT S. 2 CONTRACT OF SALE S. 4 HOW CONTRACT IS MADE S. 5 EXISTING &
FUTURE GOODS S. 6 PERISHED GOODS S. 7 PERISHED GOODS

? Defines contract for sale of goods.
? S2 (1) - A contract whereby the seller transfer or agrees to transfer the title in goods to the B for money consideration, called the PRICE.
? Sets out how such a contract can be made.
? S4 (1) - Can be: (i) In writing; (ii) Made orally; or (iii) Implied by the conduct of the parties.
? Present/ existing/specific goods? owned or possessed by the seller (can be identified and agreed upon at the time of the contract).
? Future goods? to be manufactured or acquired by the seller after the making of the contract.
? Where the contract is for the sale of specific goods, and such goods have perished without the knowledge of the seller at the time the contract is made, the contract is void.
? Where the agreement is to sell specific goods, and subsequently the goods perish, without any fault of either party, and before the RISK has passed to the buyer, the agreement is avoided.

THE PRICE S. 8 (PRICE)

? S8 (1) - Can be fixed by the contract, or left to be fixed in a manner agreed in the contract.
? S8 (2) - If not, buyer Pays a 'reasonable PRICE'.
? S8 (3) - 'Reasonable PRICE'? dependent on circumstances of each case.

IMPLIED TERMS S. 10 TIME S. 12 TITLE Implied nonexcludable term

S. 13 DESCRIPTIO N implied term P.71

S. 14 QUALITY FITNESS

Implied term P.71

S. 15 SALE BY SAMPLE

? 10 (2) - Time NOT of the essence unless parties agree to the contrary.
? 10 (2) - parties can agree whether or not time is of the essence with regard to any other term under the contract.
? Implied term that seller has right to sell the goods. (s.12 CANNOT be Excluded this is under UCTA 1997)
? S12 (2) - sold free of charges/ encumbrances.
? S13 (1) - implied term that goods sold by description will correspond such a description. (will not apply if B relied on its own skill and judgement. Does not exclude B's right to inspect (breach of 13 may amount to misrep))

? S.13 is a condition
? S14 (2) - where S sells goods in the course of business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
? S14 (2B) - implied term that goods are fit for the purpose commonly supplied.
? S 14(3) - B expressly or by implication tells S the particular purpose of the goods = implied term that the goods are fit for that purpose.
? S14 (6): terms implied under this s. are conditions.
? S15 (2) - in the case of sale by sample, there is an implied term that: a) The bulk will correspond with the sample in quality;

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