Terms: Implied Terms as a Result of Statutes

Question 1

Re. Moore & Co.

Answer 1

• Although the total number of tins was the total number in the contract, this was a breach of contract, this was a breach of S13 as the way they were packed was incorrect.

Question 2

Beale v Taylor

Answer 2

• The description applies to all the contracted items.

Question 3

Baldry v Marshall

Answer 3

• The buyer made clear the purpose for which he wanted the car. The court agreed the car supplied was not fit for purpose.

Question 4

Grant v Australian Knitting Mills

Answer 4

• S14(3) of Sale of Goods Act 1979 also applies implicitly when goods are bought for their ordinary normal use.

Question 5

Thake v Maurice

Answer 5

• There was an implied term that the surgeon would perform the vasectomy to the standard of care and skill of a competent surgeon.
• This evidence was that he had reached that level of care and skill so the claim was unsuccessful.

Question 6

Wilson v Best Travel

Answer 6

• S13 meant the tour operator should take reasonable care not to offer holiday accommodation which was of such a nature that clients could not stay in safety.
• Checks made in this case had complied with this requirement.