Terms (3) implied terms - SGA1979

 Implied terms

Sale of Goods Act 1979

- Applies to all contracts for the sale of goods for a price

these implied terms are conditions (so if breach gives right to repudiate and/or damages)

Section 13 – Description

goods must correspond with the description, s13 applies even if the buyer examines and selects the goods

Beale v Taylor

a seller advertised a car as 'Herald, convertible, white 1961' but the car was actually two cars welded together with only the back half of the car being the 1961 convertible. The advertisement was a description and as the car did not conform to the description there was a breach of s13. This was a breach of a condition so the buyer could repudiate (reject the car) and/or claim damages

section 14 (2) – Quality

goods must be of a satisfactory quality – applies to contracts made in the course of business – does not apply to private sales

the quality of goods includes these factors:

• safety – e.g. straighteners blowing up

• appearance and finish – new, not new

• fitness for all the purposes for which the goods are commonly supplied

• freedom from minor defects – new washer dented

• durability – kettle to last a year

• price paid – shoes from Clarks – higher price, higher quality expected

Bartlet v Sidney Marcus

a buyer purchased a second hand jaguar, being told that the clutch needed repairing. The clutch…