CRA 2015- Supply of goods S9,10 &11 Flashcards
Which sections correspond to a supply of goods?
S9, S10 and S11
What is S9?
Goods must be of satisfactory quality.
What does S9 (2), S9 (3) and S9 (5) consider in terms of whether goods can be considered of satisfactory quality?
-Description of goods.
-Price
-fitness for purpose
-Appearance
-Freedom from minor defects
-Safety of goods
What kind of test is S9?
An objective test.
What section outlines when S9 will not apply?
S9 (4)
What exceptions does S9 (4) outline?
- The C- notified of any defects before the contract came into force.
- The C- examined the goods before the contract was formed.
- The C- had time to inspect a sample where the defect was apparent.
What is S10?
Goods must be fit for purpose
What does S10 (3) outline?
‘Where the customer has express/ implied a particular purpose for the product and the product turns out not to be fit for that purpose’
Which cases go with S10 and S9
10- Baldry v Marshall
9- Goldey V Perry
Baldry V Marshall?
-Wanted fast, flexible, easily managed car -comfortable and suitable for ordinary touring purposes.
-Car given not fit for purpose.
Goldey V Perry?
-6 yr-old buys a plastic toy catapult - dangerous
-breaks and injures him.
-Not of sq
When will S10 not apply?
- the customer did not rely on the skill and judgement of the trader in making the decision to purchase the item
- or unreasonable for them to do so
What does S11 outline?
Goods must match their description.
What is meant by goods should match their description?
-Legal right even if examined and selected.
Which case goes with that goods must match their description?
Beale V Taylor
