Statutory Implied Terms (Notes)

Question 1

structure

Answer 1

definition
SOGA :
definitions - sections (2, 12, 13, 14)
remedies
s13
s14

Question 2

Definition

Answer 2

In contracts for sale of goods and supply of services certain basic provisions are implied by statute in order to provide protection to purchasers.
This is generally done for core issues where it is seen as reasonable that such matters are automatically written into a contract
These terms almost always cannot be contracted out of

Question 3

S2

Answer 3

transfer/agreement to transfer goods from money (consideration) – known as price.
No money, so not SOGA
a good is a tangible item you can see (not a service)

Question 4

s12

Answer 4

implies that the seller has a right to sell the goods.

Question 5

s13

Answer 5

implies a term that the goods will correspond to their description.

Question 6

s14

Answer 6

implies a term that the goods will be of satisfactory quality and fit for the purpose.

Question 7

s13 and s14

Answer 7

trated as conditions, breach lead to repudiation of contract, not just damages
remedies:
refund/reject
reduction in price
replace
repair

Question 8

description s13

Answer 8

Applies to goods that haven’t been seen by the buyer. Even if the consumer has seen the goods, it is assumed they are relying on the description. But there must be a description
Reliance on description
Does not apply to all descriptive words (because of distinction between terms and mere representations)
Packing materials
Not exactly as described

Question 9

quality s14

Answer 9

All goods sold under the contract (including packaging) are covered by law.
The liability of the supplier is strict. (no defence to say that reasonable care had been exercised)

Question 10

s14 (2)

Answer 10

Deals with SATISFACTORY quality. The standard that a reasonable person would find satisfactory (not the buyer or seller).

Where defects have been brought to the attention of the buyer, a buyer is deemed to have accepted the goods accordingly.

price - the more you pay the better quality

Question 11

s14 (3)

Answer 11

Deals with fitness for purpose.
Freedom from minor defects
Hidden Defects (Safety
Durability

Question 12

fitness for purpose

Answer 12

purpose known - seller must supply
normal purpose - buyer need not say
range of uses - all must be met
vaguer - lower requirement of compliance
buyer must reasonably rely on knowledge and skill of seller