law Sale of Goods Act

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law Sale of Goods Act

If the question arises regarding the rights of a consumer, we must seek to prove whether a retailer is liable. Quark´s TV Emporium Ltd is a retail business, which had advertised a new 28inch stereo television with teletext. Mr Sisko bought the television set for £300 but after a month it went wrong and Mr Sisko discovered it was a cheaper mono model. Mr Sisko wanted his money back but had signed a clause in the sales contract excluding liability under the Sale of Goods Act. The following points must be considered before we can establish Mr Sisko´s legal position.

Under section 12 of the Sale of Goods Act 1979 we can see that the Quark does have the right to sell the television in question. Section 13 ascertains that there is an implied condition that the goods will correspond with the description. Although Mr Sisko saw the TV in operation before he bought it, we can say that it was still bought by description as he was relying on the TV being a stereo model as described. Quark argues that as Mr Sisko should have realised that it was not a stereo model as he watched the set in the store. As Mr Sisko is just a consumer, he cannot be an expert in televisions and therefore it would be unfair to say that he should have known. We can see this in Beal v Taylor (1967) 3 ALL ER 253 where the plaintiff had inspected the car before he bought but later realised that it was an earlier model. The Court of Appeal held that the plaintiff was entitled to damages for breach of section 13 as he had relied on the description contained in the advertisement. Similar facts are found in the present situation and the goods have not corresponded to their description so Quark has breached section 13.

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To consider Mr Sisko´s legal position further we can also consult section 14, which deals with goods being of satisfactory quality and fit for a particular purpose. Sub section 2b looks at the quality of goods sold and durability. After only a month the TV stopped working and there is a possibility of breach of contract. This is difficult to ascertain because if Mr Sisko used the TV 1 hour a day than the £300 TV is not durable but if it was kept on constantly for the month than a reasonable person could consider this to wear the TV ...

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