Contract 4 - SGA Flashcards
What implied terms are there under SGA 1979?
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S12 Title: seller has right to sell the goods
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S13(1) Description: goods will comply with their description ππͺ
S14(1) Satisfactory Quality: that a reasonable person would regard satisfactory πͺβοΈ
S14(3) Fit for Particular Purpose πͺπͺ
S15 Bulk of Goods must Correspond with Sample πͺπ¦
How are the implied SGA terms classified?
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All as conditions
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Applies to B2B and B2C
What is a breach of s13-15 SGA subject to?
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S15A: where breach is so slight it would be
- unreasonable for buyer to reject/repudiate, π€¬
- breach is treated as breach of warranty, so only damages allowedπ΅
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Who has the burden of proof that a breach of s13-15 SGA is βslightβ?
The seller
How can a sellerβs liability under SGA be excluded or restricted?
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By agreement of parties, subject to UCTA 1977
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What are the restrictions on SGA exclusion or restriction?
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- S12 title cannot be excluded/restricted
πͺβ β - Others can subject to reasonableness
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What contracts does the Sale of Goods Act 1979 apply to?
B2B