UCTA and SGA/SGSA

Question 1

What section of the Sale of Goods Act 1979 refers to the implied term that the goods will correspond with the description?
What is the same section of SGSA that does this?

Answer 1

Section 13 SGA

Section 3 of SGSA

Question 2

Section 13 of the Sale of Goods Act states that where there is a contract for the sale of goods by description, there is an implied term that the goods will….

Answer 2

…correspond with the description.

Question 3

What section of the Sale of Goods Act refers to the implied term that the goods supplied under the contract are of a) satisfactory quality and b) reasonably fit for purpose?

What is the same section in SGSA that does this?

Answer 3

Section 14 of SGA

(2) - satisfactory quality
(3) - reasonably fit for purpose

Section 4 of SGSA

(2) - satisfactory quality
(5) - reasonably fit for purpose

Question 4

Section 14 of the Sale of Goods Act refers to what implied terms?
Section 4 of the SGA also refers to these terms.

Answer 4

Section 14 SGA
…that the goods supplied under the contract are of satisfactory quality. (2)
..that the goods are reasonably fit for purpose? (3)

Question 5

What do the implied terms of sections 13 and 14 of the Sale of Goods Act refer to?

Answer 5

Section 13 - the goods will correspond with the description.
Section 14 -
(2) the goods will be of satisfactory quality.
(3) the goods will be reasonably fit for purpose.

Question 6

If implied terms of section 13 (description) or 14 (quality and fit for purpose) of the SGA 1979 are breached - what section of UCTA would apply?

Answer 6

Section 6 of UCTA. The exemption clause would be valid if it is reasonable.

Question 7

If there is breach of an express term, which section of UCTA would apply? Under what condition?

Answer 7

Section 3 of UCTA. It only applies if the party is dealing with the other’s written standard terms of business. The exemption clause would remain valid if it was reasonable.

Question 8

What breach of an implied term under SGSA 1982 would be regarded as a negligent breach? And what section of UCTA would apply?

Answer 8

Section 13 of SGSA- a breach of the implied term that the supplier will carry out the service with reasonable care.

Section 2 of UCTA would therefore apply.
2 (1) A person cannot exclude or restrict liability for death or personal injury resulting from negligence.
2 (2) In the case of other loss or damage, a person can exclude or restrict liability for negligence as long as the term satisfies the requirement of reasonableness.

Check whether clause put in two parts. If it excludes personal injury/death from negligence - this could invalidate the entire exemption clause.

If question include damage to car and a person - one can be excluded from liability subject to reasonableness test. PI from negligence can’t.

Question 9

What section of the SGSA 1982 refers to the implied term that the goods will correspond with the description?
What’s the equivalent section in SGA?

Answer 9

Section 3 of SGSA

Section 13 of SGA

Question 10

If implied terms of section 3 (description) or 4 (satisfactory quality and fit for purpose ) of the SGSA 1982 are breached - what section of UCTA would apply?

Answer 10

Section 7 of UCTA

The exemption clause would be valid if it is reasonable.

Question 11

Section 13 of the SGSA is an implied term that the supplier of a service will carry out the service with..

Answer 11

…reasonable care and skill.

If it is breached - it’s a negligent breach - go to Section 2 of UCTA.

Question 12

Clauses that seek to exempt for liability for terms in freely negotiated contracts…

Answer 12

…are not policed by UCTA.