The Law with Respect to Consumer Protection in Given Situations
Prepare a short fact sheet describing the Sale of Goods Act 1979, stating how it protects customers when they enter into contracts for goods. Use examples and/or case studies to illustrate the relevant implied conditions:
* S12 - Title/Ownership * S13 – As described * S14 - Fit for Purpose * S15 – Satisfactory Quality
The Sale of Goods Act 1979 is an Act of the Parliament of the United Kingdom which regulates contracts in which goods are sold and bought. The Act consolidates the Sale of Goods Act 1893 and subsequent legislation, which in turn consolidated the previous common law. The Act lays down a small number of compulsory legal rules, but these restrictions are minimal: the bulk of the Act is concerned with an array of presumptions and implied terms, which aim to reflect the commercial expectations in the most commonly agreed sales contracts. In the absence of contrary agreement these terms will govern a contract within the Act 's remit. The benefits in efficiency and legal certainty have led to many jurisdictions adopting the legislation wholesale.
Title/ownership – s12
Section 12 of the Act implies a term that the seller of the goods has title to those goods i.e. he owns them and/or has the authority to sell them. Once transferred the term also pledges that the buyer will take those goods free from any encumbrances and is entitled to enjoy ‘quiet possession’ of them. Section 12 incorporates into the contract a term that the seller either has legal title to the property to be sold or that he will have title at the time when property is to pass. Two warranties are additionally implied that the buyer will enjoy quiet possession of the goods and that the goods will be free from any encumbrances (such as sellers ' lien or a third party having lien over the goods).
These terms are implied into contracts falling within the Act. Breach of these terms by the seller may give rise to an action for damages, and in the case of those terms which
* S12 - Title/Ownership * S13 – As described * S14 - Fit for Purpose * S15 – Satisfactory Quality
The Sale of Goods Act 1979 is an Act of the Parliament of the United Kingdom which regulates contracts in which goods are sold and bought. The Act consolidates the Sale of Goods Act 1893 and subsequent legislation, which in turn consolidated the previous common law. The Act lays down a small number of compulsory legal rules, but these restrictions are minimal: the bulk of the Act is concerned with an array of presumptions and implied terms, which aim to reflect the commercial expectations in the most commonly agreed sales contracts. In the absence of contrary agreement these terms will govern a contract within the Act 's remit. The benefits in efficiency and legal certainty have led to many jurisdictions adopting the legislation wholesale.
Title/ownership – s12
Section 12 of the Act implies a term that the seller of the goods has title to those goods i.e. he owns them and/or has the authority to sell them. Once transferred the term also pledges that the buyer will take those goods free from any encumbrances and is entitled to enjoy ‘quiet possession’ of them. Section 12 incorporates into the contract a term that the seller either has legal title to the property to be sold or that he will have title at the time when property is to pass. Two warranties are additionally implied that the buyer will enjoy quiet possession of the goods and that the goods will be free from any encumbrances (such as sellers ' lien or a third party having lien over the goods).
These terms are implied into contracts falling within the Act. Breach of these terms by the seller may give rise to an action for damages, and in the case of those terms which