C6 - Duties of Seller & Buyer

Question 1

The duty to supply goods of the right quality

Answer 1

1. Express Terms
2. Implied terms that the goods must correspond with their DESCRIPTION
3. A. The relationship between s13 and the common law distinction between representations and contractual terms
4. B. Meaning of “sale by description”
5. C. Application of s13
6. D. The relationship between the description and the quality or fitness of the goods
7. E. Compliance with s13
8. F. Knowledge by the buyer and contracting-out
9. Implied terms that the goods are of SATISFACTORY QUALITY
10. A. In what circumstances does the condition apply?
11. A.1. Where the seller sells goods in the course of a business.
12. A.2. Second-hand goods
13. A.3. No reliance on seller need be shown
14. A.4. Defects drawn to the buyer’s attention, and examination of the goods
15. B. What is the extent of the seller’s obligation?
16. B.1. Goods to which s14.2 extends
17. B.2. The former statutory definition of merchantable quantity, and its replacement by “satisfactory” quality
18. B.3. The test of fitness for purpose
19. B.4. Safety
20. B.5. Hidden defects
21. B.6. Knowledge, warnings, instructions, etc.
22. B.7. The standard of fitness for use
23. B.8. Non-functional aspects of quality
24. B.9. The Sale and Supply of Goods Act 1994: “reasonably satisfactory”
25. B.10. Durability
26. B.11. Relevance of the price
27. B.12. Second-hand goods
28. B.13. Satisfactory quality and differing grades of quality
29. B.14. “Quality includes state or condition”
30. B.15. Part of goods unsatisfactory
31. B.16. Maintenance of spare parts and servicing facilities
32. B.17. Commissioning goods
33. B.18. Non-conformity with legal standards
34. Implied terms that the goods are fit for a PARTICULAR PURPOSE
35. A. Reliance on the seller’s skill or judgment
36. B. Particular purpose
37. C. Status of seller is irrelevant
38. D. “Where the seller sells goods in the course of a business”
39. E. Onus of Proof
40. F. THe former proviso to s14.3
41. G. What is the extent of the seller’s obligation?
42. H. Goods to which s14.3 extends
43. I. Triviatlity
44. J. Strictness of seller’s liability
45. K. Fitness for purpose and unusual consequences
46. L. Knowledge, warnings, instructions,etc.
47. M. Durability
48. N. Minor defects, non-functional defects, etc.
49. O. Comparison between s13, s14.2 and 14.3, and s15.2.c.
50. Implied terms in sales by sample
51. Implied terms annexed by trade usage
52. Other implied terms
53. Mistake as to quality
54. A. English Law
55. B. Claim by buyer that contract void for mistake
56. C. Claim by seller that contract void for mistake