Commercial Law: Sale of Goods - ASP2 Home Page - University of ...
Commercial Law: Sale of Goods - ASP2 Home Page - University of ...
Commercial Law: Sale of Goods - ASP2 Home Page - University of ...
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Self-Study Questions<br />
1 What does the term ‘description’ cover; can there be a sale by description where the buyer has<br />
seen and inspected the goods?<br />
2 What is meant by ‘satisfactory quality’ in s14(2) as amended by the 2002 Regulations?<br />
3 In what circumstances will both ss13 and 14(2) be breached?<br />
4 When does s14(3) apply?<br />
5 At what time must goods be <strong>of</strong> satisfactory quality and fit for their purpose?<br />
6 How does s14 affect the caveat emptor rule?<br />
7 Can an action under s14(2) ever be brought where the buyer has inspected the goods?<br />
Sample Questions<br />
1 ‘The mere fact that there is a description attached to goods does not necessarily mean that the<br />
buyer has an action under s13 <strong>Sale</strong> <strong>of</strong> <strong>Goods</strong> Act even though this description is inaccurate. This<br />
does not, however, mean that the buyer is left without a remedy.’ Discuss.<br />
(Wolverhampton LLB by Distance Learning, January 2001, Question 2.)<br />
2 Tom went to Utah Garage to buy a used car. Before buying, Tom looked underneath the car and<br />
at the bodywork, where he noticed a few patches <strong>of</strong> rust. Utah gave Tom a small discount on the<br />
price because <strong>of</strong> this rust. Tom bought the car for cash. Two months after the purchase, Tom discovered<br />
that the rusting was much more extensive than had been apparent from his examination.<br />
He also discovered that there were holes in the car’s underbody which he had not noticed when<br />
he looked underneath the vehicle before buying it.<br />
Advise Tom <strong>of</strong> his rights.<br />
(Wolverhampton LLB by Distance Learning, May 2001, Question 2.)