Contract Law - Implied Terms - Sale of Goods Act 1979

These are implied into an agreement from another source and are part of an agreement because the court or a statute has put them into a contract, not because the parties have agreed them. Terms are implied in the following way:

  • By statute;
  • By custom; and
  • By the courts.
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  • Created by: Emma
  • Created on: 24-05-09 18:42
What does breach of a condition allow the injured party to do?
Repudiate the contract and claim damages
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What does breach of a warranty allow the injured party to do?
Claim damages
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What are ss12-15 SOGA 1979?
Conditions
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What do ss12-15 SOGA 1979 represent?
Title, description, quality, sample
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What does s12 (2) SOGA 1979 do?
Imposes implied warranties on the seller
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When did 'merchantable quality' become 'satisfactory quality'?
Sale and Supply of Goods Act 1994 which amended SOGA 1979
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Common cases referring to this?
Grant -v- Australian Knitting Mills and Bramhall -v- Edwards
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What does s14 (2A) SOGA 1979 define satisfactory quality as being?
Of a standard that the reasonable person would regard as satisfactory having regard to the description, price and all other relevant circumstances
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To which section SOGA 1979 does the above apply?
s14 (3)
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What is an illustrative case of sale by sample?
Godley -v- Perry
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Other cards in this set

Card 2

Front

What does breach of a warranty allow the injured party to do?

Back

Claim damages

Card 3

Front

What are ss12-15 SOGA 1979?

Back

Preview of the front of card 3

Card 4

Front

What do ss12-15 SOGA 1979 represent?

Back

Preview of the front of card 4

Card 5

Front

What does s12 (2) SOGA 1979 do?

Back

Preview of the front of card 5
View more cards

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