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Intro To Sale Of Goods Contracts Notes

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SALE OF GOODS CONTRACTS RELEVANT LEGISLATION

B2B

B2C

? Sale of Goods Act 1979, as amended by: a) the Sale and Supply of Goods Act 1994 b) the Sale of Goods (Amendment) Act 1994 c) the Sale of Goods (Amendment) Act 1995
? If goods supplied with services, Supply of Goods and Services Act 1982 (SGSA 1982) applies
? Unfair Contract Terms Act 1977 (UCTA 1977) deals with exclusion clauses
? Consumer Rights Act 2014 (CRA)
? See Table on p. 43 for rel'p between CRA and old legislation

DEFINITIONS 'Sale of goods'

"Goods"

? SGA, s 2(1): "a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price" (can refer to hire agreements)
? SGA, s. 2(4): "Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale"
? SGA, s. 61: "all personal chattels other than things in action and money"
? E.g. not land, cheques, services
? May be either existing (present) or future goods (SGA, 5(1))
? Existing goods may be
- Specific goods, identifiable at time of contract (2007 grey Mercedes, reg. T15 SHR)
- Unascertained purely generic goods (100 tons of potatoes)
- Specific quantity of goods from identified bulk (100 tons of potatoes from 200 tons currently stored in warehouse in Chatteris)
? Future goods do not yet exist (e.g. next year's crop); never specific
? Where goods have perished, contract is void (SGA, s. 6)

CORE RIGHT & DUTIES (SGA 1979)

Table

Duties of seller
? To deliver the goods (s. 29)
? To deliver the correct quantity (s. 30)
? To pass good title (s. 12)
? To deliver goods which
- Correspond w/ description (s. 13)
- Are of satisfactory quality and fit for purpose (s. 14)
- Correspond w/ sample (s. 15) Rights / Remedies of Seller
? To terminate / repudiate contract for breach of condition
? Action for the price (s. 49)
? Damages for non-acceptance (s. 50)
? Rights of the unpaid seller:
- Lien (s. 41)
- Stoppage in transit (s. 44, 45)
- Resale (s. 48)
? To retain title to the goods until paid (ss. 17, 19)

Duties of Buyer
? To accept delivery (s. 27)
? To pay for the goods (s. 27)

Rights / Remedies of Buyer
? To inspect the goods (s. 34)
? To reject the goods and refuse payment for breach of condition
? To damages for non-delivery (s. 51)
? To damages when the goods are accepted (s. 53)
? To request specific performance (s. 52)

Performanc e obligations

? Three 1) 2) 3)

categories of performance obligations: Default provisions (will apply unless agreed otherwise) Implied terms that can be excluded by agreement (s. 55) Implied terms that can never be excluded

OTHER CONTRACTS UNDER WHICH GOODS MAY PASS
? Contracts for services only (legal or accountancy advice)
- Service will be performed with rble skill and care (s. 13) Contracts
- Work will be carried out w/in rble time (if no specific time given) (s. 14)
- Rble charge will be paid (if no price fixed) (s. 15) for services ? Contracts for work & materials (where worker also supplies parts) - governed by SGSA 1982
? Contracts for finished products (e.g. on-site construction of fitted kitchen)
? Regulated by Consumer Credit Act 1974 Hire
? Buyer buys the goods from the finance house, pursuant to the credit purchase agreement
? Hirer obtains only possession, not title Hire

agreemen t

? Operating leases (short-term, multiple-use hire)

Leases of
? Finance leases (equipment supplied to one user for course of its working life goods (e.g. computers)

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