Statutory Provisions

Question 1

S11(4) SGA

Answer 1

Once buyer has accepted goods he cannot reject them

Question 2

S13 SGA

Answer 2

Where goods are sold by description, implied condition that goods will correspond with description

Question 3

S14(2) SGA

Answer 3

Implied condition that goods will be of satisfactory quality

Question 4

S14(3) SGA

Answer 4

Implied condition that goods will be reasonably fit for their purpose

Question 5

S15(A) SGA

Answer 5

A buyer cannot reject goods if the breach is so slight it would be unreasonable to do so

Question 6

S35 SGA

Answer 6

Buyer has accepted goods if..

Tells seller he accepts
Acts inconsistent with seller’s ownership
Retains goods beyond reasonable time without rejecting

Question 7

S13 Supply of Goods and Services Act

Answer 7

Implied term that the service will be carried out with reasonable care and skill

Question 8

S14 SGSA

Answer 8

Where a time has not been agreed for performance, an implied term that the work will be done within a reasonable time

Question 9

S15 SGSA

Answer 9

Where no price has been agreed, implied term that a reasonable price will be charged

Question 10

S3 SGSA

Answer 10

Where goods are sold by description, implied condition that goods will correspond with that description

Question 11

S4(2) SGSA

Answer 11

Implied condition that goods will be of satisfactory quality

Question 12

S4(5) SGSA

Answer 12

Implied condition that goods will be reasonably fit for their purpose

Question 13

S2(1) UCTA

Answer 13

Can not exclude negligence liability causing death or personal injury

Question 14

S3 UCTA

Answer 14

In standard form, contracts can exclude liability for breach of an express term if reasonable

Question 15

S6 UCTA

Answer 15

In a sale of goods, contract can exclude liability for breach of the terms in s13-14 SGA if reasonable

Question 16

S7 UCTA

Answer 16

In work and materials contract, can exclude liability for breach of terms implied in s3-4 SGSA if reasonable

Question 17

S11 UCTA

Answer 17

Reasonableness test

Question 18

S11(4) UCTA

Answer 18

With limitation clauses, courts should have regard to insurance

Question 19

Contracts (Rights of Third Parties) Act

Answer 19

A third party may take benefit of exemption clause if he is identified as a member of a class protected by clause

Question 20

S2(1) Misrepresentation Act

Answer 20

Claimant will get damages unless misrepresentor can prove negligence. All consequential losses are recoverable and measure is how much the misrepresentor is out of pocket as a result

Question 21

S2(2) MA

Answer 21

If rescission is available for non-fraudulent misrep, Court has discretion to award damages instead of rescission

Question 22

S1(2) Law reform (Frustrated Contracts) Act

Answer 22

Money paid prior to frustration should be repaid and money payable ceases to be payable

Question 23

Proviso Law Reform Act

Answer 23

If payee incurred expenses in performance, Court has wide discretion to allow payer to recover out of total paid/payable

Question 24

S1(3) Law Reform Act

Answer 24

If one party has conferred valuable benefit on the other party prior to frustration, a just sum shall be payable