Consumer Credit and the Law of Agency
Name: Harry Atkins
Consumers, Credit and the law of agency
1.
A) Explain the main provisions of the Sale of Goods Act 1979 and the remedies available to consumers against sellers;
The Sales of Goods Act 1979 is “a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price (s 2(1))” (Keenan. D, 2000, page 251). The Sales of Goods Act is designed to enforce rules when selling and buying goods to ensure that both parties are treated fairly by the other. Each contract varies in detail where the larger, more expensive goods being sold will face more consideration (e.g. a car or house) and will have a more detailed contract, compared to those that are exchanged simply without a detailed contract (e.g. a loaf of bread or a newspaper). The Sale of Goods act specifically covers goods and not contracts involving hire of products, or use of products for work and materials. For example hiring a product isn’t considered to be a contract under the Sale of Goods Act 1979 as the hirer only gets to trial the product for a limited time and has the option to purchase the product still. Once purchased the contract then falls under the Sale of Goods Act.
There a certain provisions of the Sale of Goods Act which must be addressed by both the buyer and the seller. These can fall under the implied terms of the contract and are those that both parties must abide by to avoid a breach of contract. The main provisions of this Act are; to protect buyers from buying goods of sellers who are not entitled to sell the goods, Rowland v Divall [1923] 2 KB 500 (section 12) , any goods sold by a description must then match the description told to the buyer by the seller, Arcos v Ranaason [1933] AC 470 (section 13), all goods sold must reach the satisfactory standard of quality, Stevenson v Rogers [1999] 1 All ER 613 (section 14), and that goods that are sold by sample must be of the same quality and match that of the
Consumers, Credit and the law of agency
1.
A) Explain the main provisions of the Sale of Goods Act 1979 and the remedies available to consumers against sellers;
The Sales of Goods Act 1979 is “a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price (s 2(1))” (Keenan. D, 2000, page 251). The Sales of Goods Act is designed to enforce rules when selling and buying goods to ensure that both parties are treated fairly by the other. Each contract varies in detail where the larger, more expensive goods being sold will face more consideration (e.g. a car or house) and will have a more detailed contract, compared to those that are exchanged simply without a detailed contract (e.g. a loaf of bread or a newspaper). The Sale of Goods act specifically covers goods and not contracts involving hire of products, or use of products for work and materials. For example hiring a product isn’t considered to be a contract under the Sale of Goods Act 1979 as the hirer only gets to trial the product for a limited time and has the option to purchase the product still. Once purchased the contract then falls under the Sale of Goods Act.
There a certain provisions of the Sale of Goods Act which must be addressed by both the buyer and the seller. These can fall under the implied terms of the contract and are those that both parties must abide by to avoid a breach of contract. The main provisions of this Act are; to protect buyers from buying goods of sellers who are not entitled to sell the goods, Rowland v Divall [1923] 2 KB 500 (section 12) , any goods sold by a description must then match the description told to the buyer by the seller, Arcos v Ranaason [1933] AC 470 (section 13), all goods sold must reach the satisfactory standard of quality, Stevenson v Rogers [1999] 1 All ER 613 (section 14), and that goods that are sold by sample must be of the same quality and match that of the
Bibliography: (http://www.jstor.org/discover/10.2307/1095339?uid=3739256&uid=2129&uid=2&uid=70&uid=4&sid=21101546011577) Donoghue v Stevenson [1932] AC 562 House of LordsMrs Donoghue went to a café with a friend