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Sale of Goods > Implied terms B2B > Flashcards

Implied terms B2B Flashcards

1
Q

Which laws concern implied terms in B2B transactions: SoGA? (10)

A

s12

s12(2)a

s12(2)b

s13

s14(2)

s14(2)a

s14(2)b

s14(2)c

s14(3)

s15

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2
Q

s12?

A

seller must have right to sell

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3
Q

s12(2)a

A

goods free from encumbrance

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4
Q

s12(2)b

A

B right to enjoy quiet possession

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5
Q

s13

A

goods must correspond with description

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6
Q

s14(2)

A

where course of business, goods must be of satisfactory quality

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7
Q

s14(2A)

A

satisfactory quality must meet standard of the reasonable person, concerning description of goods price, and other circumstances

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8
Q

s14(2B)

A

quality of goods includes

a. fitness for all purposes
b. appearance and finish
c. freedom from minor defects
d. safety
e. durability

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9
Q

s14(2C)

A

s14(2) not fulfilled where the issue is drawn to the buyers attention

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10
Q

s14(3)a

A

where seller sells to buyer in course of business, and the buyer makes their particular purpose for the goods known to the seller, there is an implied term that the goods should be reasonably fit for purpose

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11
Q

s15

A

goods must correspond with sample

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12
Q

What is the main case concerning s14(2), “in the course of business”? What rule is established?

A

Stevenson v Rogers 1999

one sale is sufficient for goods to be considered in the course of business

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13
Q

Which case concerns the usability of goods? Rule?

A

Bernstein v Pamsom Motors

goods can still be of unsatisfactory quality where goods are usable or reparable

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14
Q

Which case concern s14(2B)? (3)

A

Egan v Motor Services (Bath)

Grenfell v Meyrowitz

Jewson v Kelly

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15
Q

Facts of Grenfell v Meyrowitz?

A

importance of looking at “technical meaning” of safety

eye glass was described as a safety glass

safety glass does not always guarantee safety to the buyer

held in this case, the glass was tougher than ordinary glass, so considered to be sufficiently safe

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16
Q

Which cases concern durability? (2)

A

Murrell v Joseph

Thain v Anniesland

17
Q

Facts of Murrell v Joseph

A

goods should be durable enough to stay in a durable state until delivered

18
Q

Facts of Thain v Anniesland

A

a second hand car of such an age is not expected to be very durable - no breach of implied term as to durability

19
Q

Which cases concern description and price? (2)

A

Roger v Parish 1987

Bartlett v Sidney Marcus

20
Q

What rule is established in Roger v Parish?

A

Higher standard expected from higher priced goods

21
Q

What rule is established in Bartlett v Sidney Marcus?

A

you cannot expect the same quality from second hand goods as new goods

22
Q

Which cases concerns s14(3)? (4)

A

Priest v Last

Aswan Engineering v Ludpine

Slater v Finning

Ashington Piggeries 1972

23
Q

Gooley v Perry

A

b has no obligation to make inspection; can make “cursory” rather than detailed inspection and will not lose claim

24
Q

Facts of Aswan Engineering v Ludpine

A

the more specific or unusual the purpose, the more specific the buyer has to be

25
Q

Facts of Priest v Last

A

particular purpose of the buyer can be made known either expressly or impliedly - but must be BEFORE contract entered into

26
Q

Facts of Slater v Finning

A

Buyer did not indicate that they required the special features of the boat

27
Q

Facts Ashington Piggeries case 1972

A

buyer specified they required the goods for animal feed, but did not specify that it was particularly mink feed they required

this was held to be within a broad range of purposes

28
Q

Which case concerns section 14(2C)

A

Gooley v Perry

29
Q

What rule is established in s14(2C)?

A

s14(2) not fulfilled if issue drawn to the attention of the buyer

30
Q

What rule is established in s14(3)

A

Where buyer makes particular purpose known to the seller, there is an implied term that the goods will be reasonably fit for particular purpose

there must also be reliance on the seller

31
Q

What two case concern reliance under s14(3)? Facts?

A

Harlingdon v Leinster - seller admitted they were no art expert, and buyer was, so no reliance

Jewson v Kelly - purpose of buyer so particular, there could be no reliance

32
Q

Can any implied terms be excluded? Relevant laws?

A

Sections 12-15 SoGA can be excluded

According to S6 - UCTA

Implied term must be fair and reasonable - s11(1)

Test to be applied is found in schedule 2

33
Q

Explain the rules regarding sale by description, with cases

A

Ashington Piggeries - Description is the commercial characteristics of the goods

Reardon Smith Lines v Hansen Tangen - Description must identify essential parts of the goods

Harlingdon v Leinster - there must be reliance on seller

Sale of Goods (6 decks)

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