CONTRACT OF SALE

Sales of Goods Act 1979



Sales of Goods Act 1979

Introduction

The sale of Goods Act 1979 is originally an Act of the United Kingdom Parliament which is authorise for regulating Commercial law of UK and English contract law in regard of goods that are used for buying and selling purposes. Originally, the Sale of Goods Act 1893 as well as its succeeding legislation is consolidated by the Sales of Goods Act of 1979, which consequently had consolidated and codified the law. Since the period of 1973, numerous minor additions and statutory amendments to the Act of 1979, and another fresh consolidated Act are unsettled. This Act is applicable to all the contracts in which goods' property is transferred or settled to be transferred against a consideration of money, in short, in situations where the ownership of property is sold in personal chattels.

In this assignment paper, there will be an analysis of the terminologies which are implied into the contracts of sale under the Sales of Goods Act of 1979, and also the justifications of those law terms will be illustrated with appropriate relevant case laws.

Analysis of the implied terms of Sales of Goods Act 1979 along with relevant Case Laws

Under the 1979's Sale of Goods Act, some definite obligations are to be found on any business who deals with selling some goods. Such main obligations are regarded as the implied terms of Sales of Goods Act 1979, and these implied terms become part of the sale contract automatically, whether are mentioned in contract or not. These obligations are as follows:

A person must have the authority of selling the goods, i.e. goods must be possessed by the owner for selling at the time of making a contract of sale as well as with its complete possession.

Goods will keep up a correspondence with its specific description. For example, if seller informs the customer that the clothing that is intended to sale is finished from cashmere then after that it must not be turned out into wool.

Goods must be of quality that could be regarded as at least satisfactory. This definition differs as per the type of goods offered for sale, thus, in case of any dispute, its appearance, durability, and finish will be considered by the court, and that must be exclusive from safety and minor defects. For example, a brand new automobile of worth £20,000 will be projected to almost perfect in the comparison of an automobile that is 10 years older and sold for £500.

For this concern, certain factors have been identified by the courts that have the potential for raising or lowering the satisfaction of quality. Second-hand or used goods are used for attracting lower expectation (Bernstein vs. Pamson Motors Ltd [1987] 2 All ER 220).

Appropriately fitted for the purpose or objective. It means that the goods those are supplied for sale must be fulfilling the purpose for which it is intended to supply. This terminology is also applicable in the case, ...