Sale of Goods Act 1979 Flashcards
Which of the following does the Sale of Goods Act 1979 NOT apply to?
a) Business-to-business (B2B) contracts
b) Private sales
c) Consumer contracts
d) Sales of second-hand goods
c) Consumer contracts
Explanation: The Consumer Rights Act 2015 governs consumer contracts, while the SGA 1979 applies to B2B and private sales.
What is the implied term under s12 SGA 1979?
a) That the goods will match their description
b) That the goods will be of satisfactory quality
c) That the seller has the right to sell the goods
d) That the goods will be fit for any purpose
c) That the seller has the right to sell the goods
Explanation: Under s12, the seller must have good title (ownership) to sell the goods.
If goods are sold by description, which section of the SGA applies?
a) s12
b) s13
c) s14
d) s15
b) s13
Explanation: s13 SGA 1979 states that goods must match their description if sold by description.
Under s14(2) SGA 1979, what must goods be?
a) Brand new
b) Fit for purpose
c) Satisfactory quality
d) Free from defects
c) Satisfactory quality
Explanation: s14(2) SGA 1979 implies that goods must be of satisfactory quality, considering price, description, and condition.
What is required under s15 SGA 1979 in a sale by sample?
a) The goods must be identical to the sample
b) The bulk of the goods must correspond with the sample
c) The sample must be of the highest quality available
d) The buyer must physically inspect the sample
b) The bulk of the goods must correspond with the sample
Explanation: s15(2) SGA 1979 states that in a sale by sample, the bulk of the goods must match the sample in quality.
A company buys 1,000 t-shirts described as “100% cotton.” The shirts delivered are only 50% cotton. What section of the SGA is breached?
a) s12
b) s13
c) s14(2)
d) s15
b) s13
Explanation: Under s13 SGA 1979, goods must match their description. The t-shirts do not match the 100% cotton description.
A buyer purchases a new washing machine. It works but leaks after two months. Can the buyer claim under s14(2) SGA?
a) No, because it worked when first used
b) Yes, because goods must last a reasonable time
c) No, because the buyer did not request a warranty
d) Yes, because washing machines should never leak
b) Yes, because goods must last a reasonable time
Explanation: Durability is a factor under s14(2) SGA 1979. A washing machine should not leak after two months, meaning it is not of satisfactory quality.
A customer tells a seller they need boots suitable for mountain climbing. The seller recommends a pair, but they fall apart on the first climb. What section applies?
a) s13
b) s14(2)
c) s14(3)
d) s15
c) s14(3)
Explanation: s14(3) SGA 1979 requires goods to be fit for a particular purpose, if that purpose was made known to the seller.
What is the primary difference between s14(2) and s14(3) of the SGA?
a) s14(2) applies to fitness for a particular purpose, s14(3) does not
b) s14(2) applies to quality, while s14(3) applies to fitness for a stated purpose
c) s14(3) applies only if goods are second-hand
d) s14(2) applies only to defective goods
b) s14(2) applies to quality, while s14(3) applies to fitness for a stated purpose
Explanation: s14(2) SGA covers general quality, while s14(3) applies when the buyer specifies a purpose.
What is the effect of s15A SGA 1979?
a) It allows all breaches of condition to be treated as warranties
b) It prevents buyers from rejecting goods
c) It downgrades minor breaches of conditions to warranties
d) It excludes all liability under the SGA
c) It downgrades minor breaches of conditions to warranties
Explanation: s15A SGA 1979 states that if a breach is so minor that rejecting goods would be unreasonable, it is treated as a breach of warranty, not a condition.
Can a business exclude liability for implied terms under the SGA?
a) Yes, in all cases
b) No, exclusions are always invalid
c) Yes, but only if reasonable under UCTA 1977
d) Only for sales of used goods
c) Yes, but only if reasonable under UCTA 1977
Explanation: Under UCTA 1977, liability for s12 cannot be excluded, and liability for s13-15 can only be excluded if reasonable.
A buyer purchases industrial machinery, specifying it must produce 1,000 units per hour. It only produces 500 per hour. What section is breached?
a) s12
b) s13
c) s14(2)
d) s14(3)
d) s14(3)
Explanation: The buyer made a specific purpose known (1,000 units per hour). Under s14(3) SGA 1979, the goods must be fit for that purpose.
A restaurant orders “fresh” fish. The delivery contains frozen fish. What section applies?
a) s12
b) s13
c) s14(2)
d) s14(3)
b) s13
Explanation: The goods do not match their description (“fresh” vs. frozen), breaching s13 SGA 1979.
A business orders carpets after seeing a sample. The delivered carpets match the sample but have hidden defects. What section applies?
a) s12
b) s13
c) s14(2)
d) s15
d) s15
Explanation: s15(2)(c) SGA 1979 states that goods must be free from hidden defects not visible in the sample.
A company buys a generator with a clause excluding liability for quality. Can this clause exclude s14(2) liability?
a) Yes, always
b) No, because exclusions for quality are banned
c) Yes, if reasonable under UCTA 1977
d) No, unless both parties agreed in writing
c) Yes, if reasonable under UCTA 1977
Explanation: Under UCTA 1977, liability for s14(2) can only be excluded if reasonable.
