Ucta (3)

Front 1

Rollo sells Theobald, a jewellery merchant, a Georgian pocket watch. After Theobald has got back home, he realises that instead of the watch being solid gold and 18C as Rollo had told him, it is actually gold plated and Victorian. Rollo had told Theobald that the watch was sold as seen. Does Theo have any recourse under SOGA 1979, or is Rollo's exclusion effective.

Back 1

It looks as though Rollo is dealing as a consumer, therefore the transaction is outside the Act, by reason of section 1(3). Note the actual words of section 6(2) though. It is in favour of consumers, you can't use it to get at consumers if you are trade

Front 2

Jennifer buys what is described as a solid silver Victorian ladies fob watch from Theobald the Jewellers in Lee High Street. It is a pretty little thing and goes with her new dress. At a party, a guest remarks that she has one just like that from Clare's Accessories. In the contract of sale, Theobald excluded all liability for any breach whatsoever under SOGA 1979. What should Jennifer do.

Back 2

Not flap. Under section 6(2) of UCTA, Theobald cannot exclude ss 12 - 15 SOGA when dealing with a consumer.

Front 3

Edward who is a taxi driver, buys a cab from George's Dodgy Motors. As he drives home, the chasis disintegrates. George's contract of sale excludes all liability for breaches of SOGA. What can Edward do?

Back 3

If Edward is a cab driver, then he is buying the cab in the course of his business. That means he's in with a shout under 6(3). George's exclusion has to satisfy the requirement of reasonableness.

Front 4

What does section 6(4) of UCTA mean?

Back 4

Good question.

Front 5

What does section 7 UCTA deal with?

Back 5

Miscellaneous contracts under which goods pass. No idea what these might be.

Front 6

What does s7(1) UCTA do?

Back 6

It says that any contract not governed by law of sale of goods or hire-purchase is governed by sections 2 - 4 of this section

Front 7

Does section 7(2) UCTA apply in a B1 - B2 context

Back 7

No. Only in a B1 - C situation. Section 3 is concerned with B1 - B2 and there's the requirement of reasonableness

Front 8

What does section 7(2) UCTA say?

Back 8

B1 - C can't exclude or restrict any liability in the contract in respect of goods' correspondence with description or sample, quality or fitness for a particular purpose

Front 9

What does section 7(3) of UCTA say?

Back 9

B1 - B2 requirement of reasonableness

Front 10

What does section 7(3) of UCTA say?

Back 10

B1 - B2 requirement of reasonableness

Front 11

With what contracts is section 2 of the Supply of Goods and Services Act 1982 concerned.

Back 11

(1) In this Act in its application to England and Wales and Northern Ireland a “contract for the transfer of goods” means a contract under which one person transfers or agrees to transfer to another the property in goods, other than an excepted contract.

Front 12

What are the FIVE exempted types of contracts in section 1 of the Supply of Goods and Services Act 1982?

Back 12

(a) a contract of sale of goods;

(b) a hire-purchase agreement;

(d) a transfer or agreement to transfer which is made by deed and for which there is no consideration other than the presumed consideration imported by the deed;

(e) a contract intended to operate by way of a mortgage, pledge, charge or other security.

Front 13

What does section 7(4) of UCTA do?

Back 13

It says you can't exclude liability for breach caused by lack of title unless this satisfies the requirement of reasonableness.

Front 14

What does section 7(4) deal with?

Back 14

You can only exclude liability for transferring stuff, when you shouldn't and landing them with nasty surprises in the future cannot be excluded except where the term satisfies the requirement of reasonableness

Front 15

What is the effect of breach or repudiation of the contract, on any clause that requires reasonbleness?

Back 15

The contract term which requires reasonableness survives. Section 9(1)

Front 16

What does section 10 of UCTA deal with?

Back 16

Evasion of the Act by means of a secondary contract