Commercial Law: Sale of Goods - University of Wolverhampton
Commercial Law: Sale of Goods - University of Wolverhampton
Commercial Law: Sale of Goods - University of Wolverhampton
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Study Unit 3 Suggested minimum study hours: 15TopicTerms (1): Statutory Implied Terms – Description, Quality and FitnessPlease see the additional notes at the end <strong>of</strong> Study Unit 4This Unit covers material contained in the Learning Project.IntroductionCertain terms are automatically implied into those contracts covered by the <strong>Sale</strong> <strong>of</strong> <strong>Goods</strong> Act1979. In this Unit we examine four <strong>of</strong> those implied conditions relating to description, satisfactoryquality, fitness for purpose and sample.Objectivesa To examine the concept <strong>of</strong> ‘description’ under s13.b To discuss what is meant by satisfactory quality under s14(2) as amended by s3 <strong>of</strong> the <strong>Sale</strong> andSupply <strong>of</strong> <strong>Goods</strong> to Consumers Regulations 2002.c To analyse the requirements for liability under s14(3).d To ascertain the relationship between express and implied terms relating to the condition <strong>of</strong> thegoods.Essential ReadingThese titles have been supplied as part <strong>of</strong> your study materials.<strong>Commercial</strong> <strong>Law</strong> Textbook – Relevant Chapter(s)<strong>Commercial</strong> <strong>Law</strong> 150 Leading Cases – (See listed cases)General ReadingThese titles have not been supplied and are not essential reading, butyou may wish to refer to them to further your understanding.The <strong>Sale</strong> <strong>of</strong> <strong>Goods</strong>, Atiyah – Relevant Chapter(s)<strong>Commercial</strong> <strong>Law</strong>, Bradgate – Relevant Chapter(s)Case law and statutesLIABILITY OF SELLERImplied terms under <strong>Sale</strong> <strong>of</strong> <strong>Goods</strong> Act 1979 and <strong>Sale</strong> and Supply <strong>of</strong><strong>Goods</strong> Act 1994.a Conformity with descriptionSGA 1979: s13i Meaning <strong>of</strong> ‘description’Ashington Piggeries Ltd v Christopher Hill Ltd [1971] 2 WLR 1051;[1971] 1 All ER 847Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd [1990] 3 WLR 13