COMMERCIAL PRACTICE L4 - Sga & ucta - BREACHES OF S13 S14 SGA 1979

Question 1

Are S13(1), S14(2) and S14(3) SGA 1979 conditions? (1)

Answer 1

Yes.

Question 2

What does the breach of S13(1), S14(2) and S14(3) entitle the buyer to? (3)

Answer 2

Either to reject goods, terminate contract and claim damages or reject goods affirm contract and claim damages or accept goods and claim damages - treating conditions as a warranty.

Question 3

When is the buyers rights restricted to restrict goods? (3)

Answer 3

When the buyer has expressly or by implication waived the breach. When the breach is so slight that it would be unreasonable for the buyer to reject the goods. When the buyer has accepted the goods.

Question 4

When is the buyer deemed to have accepted goods under s35 SGA 1979? (1)

Answer 4

When he (a) intimates to the seller that he has accepted them and (b) when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.