The Supply of Goods and Services Act 1982, as amended Flashcards
The Supply of Goods and Services Act 1982 (SGSA) provides for the implication of terms
in:
(a) Certain contracts for the transfer of property in goods;
(b) Contracts for the hire of goods; and
(c) Contracts for the supply of services
The SGSA 1982 also governs the exclusion of such implied terms.
In any contract for the transfer of goods, terms will be implied.
excluding: (a) A contract of sale of goods;
(b) A hire purchase agreement;
(c) A contract under which the property in goods is or is to be transferred in exchange for
trading stamps;
(d) A transfer made by deed for which there is no consideration other than presumed
consideration; and
(e) A contract intended to operate by way of security.
They are implied terms regarding title (s 2), implied terms where transfer is by description (s 3),
implied terms about quality or fitness (s 4) and
implied terms where transfer is by sample (s 5).
corresponding to those which are implied in the case of contracts for the sale of goods.
For the purposes of the SGSA, pursuant to s 6 a ‘contract for the hire of goods’ means a
contract under which one person bails or agrees to bail goods to another by way of hire
excluding: (a) A hire purchase agreement; and
(b) A contract under which goods are bailed in exchange for trading stamps.
The SGSA 1982 provides what implied terms in any contract for the supply of
a servic?
(a) Care and skill: s 13.
(b) Time of performance: there is an implied term that the supplier will carry out the service within a reasonable time: s 14.
(c) Consideration: there is an implied term that the party contracting with the supplier will pay a reasonable charge: s15.
What is a reasonable charge and a reasonable time is a question of fact and will depend on the particular circumstances.
Contracting out of terms implied under the SGSA
In the case of contracts for transfer of goods or the hire of goods, or supply of services under s 11, a supplier may negative or vary the terms set out in this element, subject to the provisions of the Unfair Contract Terms Act 1977 (UCTA).
