WK 9 - Implied Terms in Sale of Goods Act/Consumer Rights Act 2015

Question 1

S12 1979 Act/S17 2015 Act

Answer 1

The seller will pass on a good title

Question 2

S13 1979 Act/S11 2015 Act

Answer 2

Goods sold by description will conform to that description

Question 3

S14 1979 Act/ss9-10 2015 Act

Answer 3

Goods sold in the course of business will be of satisfactory quality

Question 4

S15 1979 Act/ss13-14 2015 Act

Answer 4

Where goods sold by sample, bulk will be of similar quality

Question 5

Contracting outside of 1979 Act

Answer 5

S20 Unfair Contract Terms Act 1977:
- S12 says No
- Ss 13-15 say only if fair and reasonable

Question 6

Contracting outside of 2015 Act

Answer 6

S31 - No

Question 7

Why do we need terms implied in fact?

Answer 7

Not used to re-draft contracts, but to make them work.

Question 8

Overview summary of test of implied terms

Answer 8

“For a term to be implied into the contract it would either have to be necessary for business efficacy or be so obvious that it went without saying.”