Sections 12 - 15 Sale of Goods Act 1979 imply a range of terms in a sale of goods contract for the benefit of the consumer.
IMPLIED TERMS
THE RIGHT TO SELL THE GOODS
By s.12 (1) there is an implied condition that the seller has the right to sell the goods.
There is a Breach of section 12 for example if goods stolen or goods held on hire-purchase
DESCRIPTION
Section.13 (1) - Where there is a contract for the sale of goods by description there is an implied term that the goods shall correspond with their description.
The examples of descriptions are goods made in Britain, the blouse is made of real silk and the car has 30,000 miles on the clock.
The buyer can reject the goods if they are not accordance with their description.
SATISFACTORY QUALITY - SECTION 14 (2)
1. There the implied situations that the goods are supplied under a contract are of ‘satisfactory quality’. S.14 (2)
2. The quality of satisfactory extends to the packaging of the goods.
3. if there is a defect which has been drawn to the buyer’s attention, the goods do not have to be of satisfactory quality.
(a) for example if a seller of a car tells the buyer that it has a faulty clutch. Then the buyer cannot claim saying that the faulty clutch makes the car not in a satisfactory quality.
4. the buyer has had the opportunity to observe the goods, then he cannot complain about any defect that would have shown up on a reasonable observation (examination).
D FITNESS FOR PURPOSE SECTION 14(3)
In many ways the rights conferred by these provisions are greater than any be liable even where he was unaware of the existence of the defect; it suffices that the goods were not of merchantable quality or were not reasonably fit for their purpose.
E SALE BY SAMPLE: S.15
S.13 (13) of the 1979 Act states that ‘where there is a contract for the sale of goods by description, there is an implied condition that the goods will correspond with the description’.
Sale by description in practice covers all but a minority of transactions, where the parties agree on a specific article without describing it in any way – such as, for example, offering to sell ‘my car’, without specifying its make, age or color. Section 13(3) specifies that goods sold by self section, as in a supermarket, are included within the category of sales by description (on the basic that they are usually labeled in some way.
S.13 ‘there is an implied condition in the case of a contract for sale by sample. That the bulk will correspond with the sample in quality
F EXEMPTION CLAUSES
1. in customer sale, the implied terms cannot be excluded under s.12 -15 SGA 1979.
S.6 Unfair Contract Terms Act 1977.
2. The Consumer Transactions (Restrictions on Statements) Order 1976
2. The Consumer Transactions (Restrictions on Statements) Order 1976 makes it a criminal offence to put a clause purporting to exclude liability for breach of the implied terms in a consumer contract by way of notice, advertisement or contract.
- E.g. a sign in a shop saying. ‘No refunds under any circumstances’ would be an offence
