- Created by: Majid
- Created on: 27-04-13 20:31
Types of Terms (Implied) (4)
S14 (Cont.): The good must be fit for a specific purpose.
CASE: "Baldry v Marshall". The buyer told the seller he wanted a comfortable car, sutibale for touring. HELD: The car supplied wasn't suitable and was a breach of S14 (3).
Overall, S14 is an example of an innominate term. This can allow the claimant to gain damages and repudiation, however this can only occur if the party has suffered a 'substantial deprivation' of the whole benefit of the contract.
AO2 (Statute):These terms give essential protection to consumers who have an inequality of bargaining power with the shops who they make contracts with. In contrast to common law implied terms, the law is clearly willing to improve contracts and make them fairer. These terms are implied as conditions of the contract in order to maximise the benefit to consumers. However, there is no certainty in the law if terms are implied by statute as statutes have prospective effect and the parties are in a position to know the implied terms that will be in the contract