Sale Of Goods Act Essay

2000 words - 8 pages

Section 13 (1) of the sale of goods act provides that where a good is sold by description the good must correspond with the description. The description of the good should be accurate and if the goods do not match the description the buyer is entitled to a remedy. This implied term only applies to goods sold solely by description and does not apply where the buyer inspects the goods before the purchase . In Harlington & Leinster v Christopher Hull Fine Art the buyer obtained a painting for £6,000. The painting was described as the work of a German impressionist Gabrielle Munter. Although both parties were based in London, the buyer specialized in German paintings while the seller was not an expert. Prior to the purchase, the buyer sent an expert to inspect the painting. After purchasing the painting the buyer discovered the painting was a fake and its value was less £100. The buyer brought an action claiming the good did not match the description. The court in arriving at its decision observed that when the buyer sent an expert to inspect the painting, the sale was no longer by description and the implied term as to description could not apply .
Description of the goods is only concerned with the description and does not apply to its quality. This aspect was highlighted in Arcos v Ranaason which involved a contract for the sale of wooden starves used for making barrels. The staves were described as being half an inch thick. When the staves were delivered some were slightly out of the half an inch description given, but the difference did not affect their quality. The buyer nevertheless rejected the goods. The court held that the buyer was entitled to reject the goods. Although the staves were of good quality they had been sold by description and as such the goods should correspond with the description. This was also the position in Re Moore & Landauer where there was a contract for the sale of tins of peaches. The peaches were described as packaged in cases of 30 tins. Although the overall numbers of tins delivered were accurate the peaches were packed in cases of 24 tins instead of the 30 tins described. The court held that the buyer was entitled to reject the goods as they did not fit the description provided .
The implied term as to quality, on the other hand, provides that the goods must be of an acceptable quality. Acceptability in this regard implies that a reasonable buyer would have acquired the same quality of goods at the same price. For goods to be of an acceptable quality they should be fit for the purpose they are intended for, acceptable in appearance, free from defects, durable and safe. In determining the quality of the goods it is important to take into account the consideration paid, the nature of the goods and the representation of the goods if any . In Shine v General Guarantee Corp the plaintiff purchased a second hand car from a dealer. The car developed constant problems and the plaintiff subsequently discovered...

Find Another Essay On Sale of Goods Act

Law for Business Essay

3286 words - 13 pages Act that would have settled this dispute is the Sale of Goods Act 1979, section 18, rule number 2.Rule number 2 states that "Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods to put them into a deliverable state, ownership passes to the buyer only once this has been done and the buyer has been notified".A relevant case that would back this up would be that of Gowans (Cockburn's trustee

Analysis of The Types of Law in a Case Study

2204 words - 9 pages formed between both parties. The Sales of Goods Act 1979 would come into effect if such a contact had been formed, which provides legal rights to buyers of goods.A contract for the sale of goods can be defined using s.2 (1) of the Sales Of Goods Act 1979 as 'a contract of sale of goods by which the seller transfers or agrees to transfer ownership in goods to the buyer for money consideration, called the price'. Further,It can therefore be

Business Law

2659 words - 11 pages . The Sales of Goods Act 1923 (C¡¦th) „X     Codifies the common law, with some modifications. „X     In this situation the contact was for a sale of goods. As we can assume that the pair of shoes purchased from the retailer David Jones cost greater than $20 and the plaintiff had evidence in writing such as a receipt. „X     It is a Sales of goods if ¡§the test is

"Airbus flight shows off troubled A380" - Issue Analysis

939 words - 4 pages ; component. EADS not only receive the order of providing the service (build the aircraft), but also selling the goods (the aircrafts) -Opposed to one critical event or discrete act, the earnings process of the long-term contract between customers and EADS has numerous significant events. Therefore, the earnings process is considered as continuous earnings process.-According to CICA HB Section 3400.14, the percentage of completion method is used

Free Trade Zones & Bonded Warehouses

929 words - 4 pages the payment of duties on imported goods had to be made at the time of importation, or a bond with security for future payment given to the revenue authorities. There were many negative side effects in this system. It was not always possible for the importer to find sureties, and he had often to make an immediate sale of the goods, in order to raise the duty, frequently selling when the market was depressed and prices low. The duty, having to be

International Trade Law Case Study

2332 words - 9 pages draft drawn on it by BTN and obtained delivery of the documents representing the first shipment of goods. Meniloise has accepted the bill and therefore become the acceptor. According to Bills of Exchange act art.59(a) "the acceptor of a bill, by accepting it engages that he will pay it according to the tenor of his acceptance'.Under Sale of Goods (Vienna Convention) Act 1987To find the governing law we must define the connecting factors (DeJonge

Contract Law - Questions regarding the UCC and UCITA

612 words - 2 pages does for the sale of goods" (Wikipedia, 2006). Therefore, UCITA recognizes the validity and enforceability of electronic contracts.1. Before the UCC and the UCITA, what was one of the first, and most significant, of the U.S. government's attempts to promote uniformity in commercial laws from state to state?Article I, Section 8 of the Constitution of the United States provides to the populace of this country the basis of our monetary and business

Contract Law Case Study

3017 words - 12 pages . Regardless of it, Paper has breached this implied term by delivering papers which are thick, coarsely textured and heavily impregnated with chemicals. Under this act, a breach of this implied term will amount to a breach of condition which entitles Christabel the remedies similar to those mentioned above. Other than that, Paper breached Goods Act Part I s.87 of sale of description. According to the facts of Beale v Taylor

The Prevalence of E-Commerce

5297 words - 21 pages contracts should be same or at least similar under English law. 1) Consumers’ legal rights to goods under the Sale of Goods Act 1979 When consumers purchase goods from a trader, such as shops, high street stores, market, etc, they enter into a sales contract with the trader. Under the English Law relating to the sale of goods, which is governed by the Sale of Goods Act 1979(hereafter referred to as the SGA 1979).[14

A Review of the Court of Appeal Decision in St Albans City and District Council v International Computers Limited

1990 words - 8 pages codified in the Sale of Goods Act 1893 ('the 1893 Act').1893 Act may be viewed as the first consumer protection legislation, however, the last thirty years have seen a dramatic explosion in consumer protection. From the Misrepresentation Act 1967 to the amendments to the Sale of Goods Act in 1994 and the Unfair Terms in Consumer Contract Regulations 1994, the doctrine of caveat emptor has gradually been weakened and, as far as consumers are concerned

mbkbfak sdbfd anv akjhdf andc nd, vdn bv dnmb

899 words - 4 pages $1.00 $2.00 $3.00 $4.00 $5.00 $15.00 COGS $3 $4 $5 $12 Inv. $1 $2 $3 What was the value of inventory on January 31?What was the cost of goods sold for January?Weighted AverageCompute an average cost per unit, based on:Cost of goods available for sale/No. of units available for sale $ 15/5= $3 Date Jan. 2 Jan. 10 Jan. 12 Jan. 16 Jan. 25 Cost What was the value of inventory on January 31? 2 x $3

Similar Essays

Caveat Emptor Sales Of Good Act Implied Terms

1694 words - 7 pages revolution saw a change in how sellers conducted their business, as a result the courts and law makers began to recognise the need for non-written warranties to be upheld and the obligations thereby placed on sellers in relation to the quality of their goods. The culminative effect of which was the introduction of the Sale of Goods Act 1893. It was the introduction of this legislation and the subsequent Sale of Goods Act 1979 which was modified to

Australian Consumer Protection Legislation Essay

1632 words - 7 pages greater protection to consumers than common law are: The Trade and Practices Act 1974(Cth); and The Sale of Goods Act 1895(Qld).Contract law was introduced as a means of providing assurance as to the validity of an agreement, whereby both parties intend that their words or actions will have legal consequences if not carried out. To form a contract between two parties it must be shown that there is an intention from each to become legally bound

Cif Contract Of Sale Components Essay

3756 words - 15 pages IntroductionC.I.F. stands for "Cost Insurance and Freight" In fact; this contract imposes a variety of duties to the seller. In general this contract is known as a contract for sale and shipment of goods to the agreed destination. As far as the payment is regarded, it must be made against the production of the appropriate documents according to the contract. So, in case of CIF contract the seller undertakes more obligation than the buyer. All

Commercial Law Case Study

1783 words - 7 pages potted palm tress and antique wooden bench would consider to be personal property, which can be took away buy ex-owner. In conclusion, Dotty can ask seller to replace these fixtures.The purchase of chairs in the auction would be considered to be a contract for the sale of goods. This brings the transaction under the sale of goods act. Consider whether there are any implied terms in the contract. The act states that there is an implied term that the