Contract 4 - SGA

Question 1

What implied terms are there under SGA 1979?
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Answer 1

S12 Title: seller has right to sell the goods
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S13(1) Description: goods will comply with their description 📝🪆
S14(1) Satisfactory Quality: that a reasonable person would regard satisfactory 🪆⭐️
S14(3) Fit for Particular Purpose 🪆💪
S15 Bulk of Goods must Correspond with Sample 🪆📦

Question 2

How are the implied SGA terms classified?
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Answer 2

All as conditions
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Applies to B2B and B2C

Question 3

What is a breach of s13-15 SGA subject to?
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Answer 3

S15A: where breach is so slight it would be

• unreasonable for buyer to reject/repudiate, 🤬
• breach is treated as breach of warranty, so only damages allowed💵

🪆🤏🙄

Question 4

Who has the burden of proof that a breach of s13-15 SGA is ‘slight’?

Answer 4

The seller

Question 5

How can a seller’s liability under SGA be excluded or restricted?
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Answer 5

By agreement of parties, subject to UCTA 1977
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Question 6

What are the restrictions on SGA exclusion or restriction?
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Answer 6

• S12 title cannot be excluded/restricted
  🪆✅❌
• Others can subject to reasonableness
  ⚖️

Question 7

What contracts does the Sale of Goods Act 1979 apply to?

Answer 7

B2B