Clearly, section 13 applies where the buyer had relied on the description of the goods. The Latin phrase de minimis lex non curat describes the general rule of the common law, which states that the law is not concerned with the trivial. Section 13 of the Sale of Goods Act 1979 applies to contracts for the sale of goods of all kind and binds private and business sellers. In order to bring a claim for breach of the implied terms in the contract there must be sale of goods by description under section 13. In the Taylor v Combined Buyers Ltd the Court held that the description must be a term of the contract and not a representation.
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In most of countries, consumers have been protected by laws and the power of states. Although there is hardly agreement of the exact definition of 'consumer', efforts have been made by governments to establish variety of legal forms for buyers against the breach of suppliers and manufacturers. Along with the spread of globalization, 'consumerism' trend to give consumers more equality of power. However, in the phenomenon of 'free market', consumers may automatically be sovereign, because anyone, who does not respond consumer's needs, will be forced to leave the market. But as many people asserted 'free market' is not achievable in real life. By the reason that consumers are placed in a disadvantage position in markets, there is not doubt that their rights should be protected by laws and statutes. Although current law and regulations only obligate the safety of goods, the quality standard of goods tends to be bound in the future. The most common and effective way for buyers protect themselves is to reject the defected goods. Nevertheless, buyers have to claim in a 'reasonable time' even if there are entitled to reject the goods."
"In conclusion, it cannot be denied that section 205 has been effective in redressing the inequality for parties dealing with companies, however only insofar as is in keeping with pre-existing case law and company law statutes. As a whole, it endeavours to redress all shareholder grievances that develop, however it is overly restricted and perhaps not as important a remedy as it could otherwise be.
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