SALES OF GOODS

The Sale of Goods Act 1979, amendments and their extent of effectiveness in protecting modern consumer buyer's interests.

The Sale of Goods Act 1979, amendments and their extent of effectiveness in protecting modern consumer buyer's interests.

Introduction

The Sale of Goods Act 1979 has been amended from time to time to address changing social needs of consumer buyer, yet there have been a number of instances witnessed by media in UK that create a need for redefining implied terms relating to the quality, fitness for purpose and description. The Section 14 to 17 of Sales of Goods Act 1979 contains provisions to safeguard the interests of consumer buyers in terms of granting them the remedy of avoiding the transaction, besides the claim for damages, in case certain conditions not satisfied.

Discussion

Nature of implied terms:

The event of consumer buying a product and/or services from a trader interpreted according to Sales of Goods Act 1979 as if the consumer and the merchant make the binding agreement. The agreement may include a variety of expressive terms and conditions implied. Terms expressive are those expressly and mutually agreed by both parties - for example, the value of good in the majority of contracts, or the date of receipt that agreed upon. The terms implied are those which judged to exist, even in the absence of any agreement include concerns of fitness for purpose, description and quality. Reference made to fail to comply with the terms of the agreement as a breach of the agreement and usually the party who committed the breach corrected in some way. In order for one of the terms expressive be mandatory, it must be clearly part of the agreement and legally. There are terms given to the user after entering into an agreement or part of the agreement, they do not affect the agreement. Implied terms ought not to present in written, but in case of key express terms, the Sales of Goods Act 1979 consider it advisable to identify these as being present in writing so that no later disputes arise between vendor and consumer. Certain terms always deemed implied by Sales of Goods Act 1979 in all transactions of sale and supply of products for example contracts for work and material and hire purchase agreements.

Implied terms relating to description:

Rights of selling the product shall be with the vendor and the goods must be in accordance with the mentioned description or that which understood. The gravity of the situation can be analyzed that if goods contradict to the original description or vendor provides false description then according to the Sale of Goods Act 1979 seller has committed a legitimate crime by doing this. The goods must match the description. For example, if a product sold as 'genuine leather' must be made of leather, not from other uses. This suggests the effectiveness of implied terms in protecting modern consumer buyer's rights.

Implied terms relating to quality:

To be of satisfactory quality means product quality must be such that ...