SGA 1979

Question 1

Does the SGA provide express or implied terms

Answer 1

implied

Question 2

Where goods are described as having certain characteristics and specifications, must they correspond with that description?

Answer 2

Yes

Question 3

goods are of satisfactory quality if…

Answer 3

meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstance

Question 4

5 conditions taken into account when assessing whether goods are of satisfactory quality:

Answer 4

(a) Fitness for all the purposes for which goods of the kind in question are commonly supplied;

(b) Appearance + finish;

(c) Freedom from minor defects;

(d) Safety; +

(e) Durability.

Question 5

What is the exception to the implied term that goods are satisfactory quality?

Answer 5

• no condition to defects specifically drawn to buyer’s attention b4 contract made
• if buyer examines goods before contract made, as regards defects which that examination ought to have revealed.
• where seller isn’t selling in course of a business

Question 6

The goods must be fit for purpose where the buyer expressly/ by implication makes known…

Answer 6

to the seller or to credit-broker that they are being bought for a particular purpose = implied term goods will be reasonably fit for that purpose

Question 7

Exception to the fit for purpose implication previously:

Answer 7

circumstances which show that the buyer doesn’t rely/ its unreasonable for him to rely, on the skill or judgment of the seller or credit-broker

Question 8

what are the two conditions implied when there’s a sale by sample?

Answer 8

1) bulk will correspond w the sample in quality

2) goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.

Question 9

What happens if the breach is so slight that it would be unreasonable for the buyer to reject the goods and repudiate the contract?

Answer 9

breach treated as breach of warranty = only entitles buyer to claim damages.

Question 10

Who does the burden fall on in proving that the breach is so slight + unreasonable for the buyer to reject the goods?

Answer 10

seller

Question 11

What act indicates that the seller’s liability for the above can be excluded/ restricted by agreement of the parties?

What extent may they be restricted/ excluded to?

Answer 11

Unfair Contract Terms Act 1977

• subject to the requirement of reasonableness

Question 12

What type of relationship does SGA govern?

Answer 12

b2b