Commercial Law

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Commercial Law

Sale of Goods Act 1979 and Unfair Contract Terms Act 1977

Sale of Goods Act 1979 and Unfair Contract Terms Act 1977

Introduction

The Sale of Goods Act 1979 administers the act of selling and buying of goods under a contract between the parties in UK. The execution of the contract is completed as the property is transferred from the seller to the buyer through the transaction money, which is called the price. The case of Bob Quigley is referred as the execution of the Sale of Good Act 1979 by the merchant. Bob Quigley made a contract to buy the four expensive glass door frame made up of seasoned English oak. He also specified that the depth of the frame should be of 5cm. Initially using the 2 doors, he experienced the poor quality of the door frame which further caused him damage. He was told that the wood was not well seasoned and the woods were not of the depth specified. After consulting the merchant, he was argued on the basis of the Sale of Good Act, clause 3, 'the seller is not liable for any claims for the loss that arise from alleged breaches of the implied terms and condition.' However the Unfair contract term act 1977 is an act to protect the rights of the buyer if the contract is breached. Under this law the liability can be avoided. The purpose of the study is to thoroughly go through the Sale of Goods Act 1979 And Unfair Contract Terms Act 1977 and how Bob Quigley can find a solution his case.

Discussion

Sale of Good Act 1979

There are strict rules under Sales of Good Acts 1979 to which sellers and retailers must follow. If one buys a good that means that he has entered into this contract and should follow it. This act in its section 14 states, that the goods must be as they were described, are of satisfactory quality (Section 15) and are fit for purpose (Section 16). The word 'described' here means the description given by the trader let it be verbal or in advertisement. Satisfactory quality here includes cosmetic and small defects along with substantial problems. Also, it includes that there must be reasonable time in which the product should last, although this does not stand for any fault that was pointed out at the time of sale or an obvious fault. Fit for purpose means that not only they cover their everyday purpose but also any other purpose that you queried with and were assured by the trader. This is all under Section 13, 14 and 15 of the Sales Good Act.

If one buys something that does not meet these conditions, they have the potential right to return it. They could also get a refund or if they want to buy similar goods from somewhere else, the seller could be asked to compensate and pay that extra cost too. But it is only applicable on the products for a specific time period since when the ...
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