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English sales law is driven by the need for fairness and reasonableness rather than by the needs and practices of traders. Discuss.
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As this essay will show, English sales law is mainly driven by the need for fairness and reasonableness rather than by the needs and practices of traders. The law even sees fit to intervene in respect of traders conducting business solely with each other rather than leave them to their own devices.
There are various factors influencing the application of English sales law including whether the consumer is purchasing as a business person or whether two businesses are dealing with each other. There are other forms of sale arrangements, such as, consumer to consumer, consumer credit, tenders, auctions etc, that are outside the scope of this essay, as too are the laws which apply to the sale of services. The principal focus will instead be on explaining the main legislation governing English sales law, namely; the Unfair Contract Terms Act 1977 (UCTA), the Sale of Goods Act 1979 (SGA) and also various regulations that are in force to ensure that consumers are protected from traders and traders are protected from themselves. In order to ensure a full discussion of the sale of goods this essay will also look at the application and effect of common law.
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