Statutory Provisions Flashcards
S11(4) SGA
Once buyer has accepted goods he cannot reject them
S13 SGA
Where goods are sold by description, implied condition that goods will correspond with description
S14(2) SGA
Implied condition that goods will be of satisfactory quality
S14(3) SGA
Implied condition that goods will be reasonably fit for their purpose
S15(A) SGA
A buyer cannot reject goods if the breach is so slight it would be unreasonable to do so
S35 SGA
Buyer has accepted goods if..
Tells seller he accepts
Acts inconsistent with seller’s ownership
Retains goods beyond reasonable time without rejecting
S13 Supply of Goods and Services Act
Implied term that the service will be carried out with reasonable care and skill
S14 SGSA
Where a time has not been agreed for performance, an implied term that the work will be done within a reasonable time
S15 SGSA
Where no price has been agreed, implied term that a reasonable price will be charged
S3 SGSA
Where goods are sold by description, implied condition that goods will correspond with that description
S4(2) SGSA
Implied condition that goods will be of satisfactory quality
S4(5) SGSA
Implied condition that goods will be reasonably fit for their purpose
S2(1) UCTA
Can not exclude negligence liability causing death or personal injury
S3 UCTA
In standard form, contracts can exclude liability for breach of an express term if reasonable
S6 UCTA
In a sale of goods, contract can exclude liability for breach of the terms in s13-14 SGA if reasonable
S7 UCTA
In work and materials contract, can exclude liability for breach of terms implied in s3-4 SGSA if reasonable
S11 UCTA
Reasonableness test
S11(4) UCTA
With limitation clauses, courts should have regard to insurance
Contracts (Rights of Third Parties) Act
A third party may take benefit of exemption clause if he is identified as a member of a class protected by clause
S2(1) Misrepresentation Act
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
S2(2) MA
If rescission is available for non-fraudulent misrep, Court has discretion to award damages instead of rescission
S1(2) Law reform (Frustrated Contracts) Act
Money paid prior to frustration should be repaid and money payable ceases to be payable
Proviso Law Reform Act
If payee incurred expenses in performance, Court has wide discretion to allow payer to recover out of total paid/payable
S1(3) Law Reform Act
If one party has conferred valuable benefit on the other party prior to frustration, a just sum shall be payable
