Contract 4 - SGA Flashcards

1
Q

What implied terms are there under SGA 1979?
πŸͺ†

A

S12 Title: seller has right to sell the goods
πŸͺ†βœ…
S13(1) Description: goods will comply with their description πŸ“πŸͺ†
S14(1) Satisfactory Quality: that a reasonable person would regard satisfactory πŸͺ†β­οΈ
S14(3) Fit for Particular Purpose πŸͺ†πŸ’ͺ
S15 Bulk of Goods must Correspond with Sample πŸͺ†πŸ“¦

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2
Q

How are the implied SGA terms classified?
πŸͺ†

A

All as conditions
πŸͺ†β›“️

Applies to B2B and B2C

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3
Q

What is a breach of s13-15 SGA subject to?
πŸͺ†

A

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 allowedπŸ’΅

πŸͺ†πŸ€πŸ™„

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4
Q

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

A

The seller

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5
Q

How can a seller’s liability under SGA be excluded or restricted?
πŸͺ†

A

By agreement of parties, subject to UCTA 1977
🀝

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6
Q

What are the restrictions on SGA exclusion or restriction?
πŸͺ†

A
  • S12 title cannot be excluded/restricted
    πŸͺ†βœ…βŒ
  • Others can subject to reasonableness
    βš–οΈ
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7
Q

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

A

B2B

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