Commercial Law: Sale of Goods - University of Wolverhampton

Self-Study Questions1 What does the term ‘description’ cover; can there be a sale by description where the buyer hasseen and inspected the goods?2 What is meant by ‘satisfactory quality’ in s14(2) as amended by the 2002 Regulations?3 In what circumstances will both ss13 and 14(2) be breached?4 When does s14(3) apply?5 At what time must goods be of satisfactory quality and fit for their purpose?6 How does s14 affect the caveat emptor rule?7 Can an action under s14(2) ever be brought where the buyer has inspected the goods?Sample Questions1 ‘The mere fact that there is a description attached to goods does not necessarily mean that thebuyer has an action under s13 Sale of Goods Act even though this description is inaccurate. Thisdoes not, however, mean that the buyer is left without a remedy.’ Discuss.(Wolverhampton LLB by Distance Learning, January 2001, Question 2.)2 Tom went to Utah Garage to buy a used car. Before buying, Tom looked underneath the car andat the bodywork, where he noticed a few patches of rust. Utah gave Tom a small discount on theprice because of this rust. Tom bought the car for cash. Two months after the purchase, Tom discoveredthat the rusting was much more extensive than had been apparent from his examination.He also discovered that there were holes in the car’s underbody which he had not noticed whenhe looked underneath the vehicle before buying it.Advise Tom of his rights.(Wolverhampton LLB by Distance Learning, May 2001, Question 2.)