Sale Of Goods Act 1979
The Sale of Goods Act 1979 is an Act of the British Parliament which regulates the Contract law as well as the Commercial law in UK with regards to such goods that are being bought or sold. As per section 2(1) of the Act, the Act applies to such contracts where “goods” are being transferred or are agreed to be transferred in return for a valuable consideration. In other words it deals with the sale or purchase of property in personal chattels.
The other parts of the section 2 to the section 15(b) are concerned with the formation of contracts for the sale/purchase of goods and the implied terms that are transposed into such contracts whether or not vendor and buyer included them in the contract. For example, as per the implied term (i.e. the term implied in the contract by the Act) enunciated in sections 6 and 7, the contract for goods that are perishable is void if they perish before the contract is being formed and avoided where they perish upon or after formation of contract.
The effect of such implied terms is that a breach of these terms gives rise to liability in contract law. The seller may then be liable to buyer and the buyer may bring an action for damages against the seller. If the seller breaches the warranty then it gives rise to action for damages and if he breaches condition then it gives rise to right to terminate the contract.
As per the section 12 of the Act, an implied term is given effect that the seller at the time of the contract must have the title to the property he is selling or that he will have title to it when he is supposed to pass it on to the buyer. Section 13 of the Act stipulates that the description of the goods sold must represent the true picture of the good. In the case of Harlingdon v Christopher Hull the court held that such implied term is only held to have breached when the buyer has actually relied on the description to buy the goods. If the buyer did not rely on the description to buy the goods then the term is not held
The other parts of the section 2 to the section 15(b) are concerned with the formation of contracts for the sale/purchase of goods and the implied terms that are transposed into such contracts whether or not vendor and buyer included them in the contract. For example, as per the implied term (i.e. the term implied in the contract by the Act) enunciated in sections 6 and 7, the contract for goods that are perishable is void if they perish before the contract is being formed and avoided where they perish upon or after formation of contract.
The effect of such implied terms is that a breach of these terms gives rise to liability in contract law. The seller may then be liable to buyer and the buyer may bring an action for damages against the seller. If the seller breaches the warranty then it gives rise to action for damages and if he breaches condition then it gives rise to right to terminate the contract.
As per the section 12 of the Act, an implied term is given effect that the seller at the time of the contract must have the title to the property he is selling or that he will have title to it when he is supposed to pass it on to the buyer. Section 13 of the Act stipulates that the description of the goods sold must represent the true picture of the good. In the case of Harlingdon v Christopher Hull the court held that such implied term is only held to have breached when the buyer has actually relied on the description to buy the goods. If the buyer did not rely on the description to buy the goods then the term is not held