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63 Cards in this Set
- Front
- Back
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What does section 5 of UCTA deal with?
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Anything purporting to be a guarantee of goods supplied or sold for private use or consumption
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Could a business take advantage of this section 5?
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Yes: businesses can be consumers.
The case is R&B Customs Brokers Co Ltd v United Dominions Trust Ltd [1988] |
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Is it only business dealings that are caught by section 5?
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Yes.
Section 1(3) UCTA |
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Could B, in a contract for the sale of goods, exclude liability for loss that C suffers which arises from some defect in the goods that B has supplied to C?
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No
Section 5(1)(a) |
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Could B, in a contract with C, for the supply of goods, exclude liability for loss that arises from the negligence of a person who manufactured the goods?
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No
Section 5(1)(b) |
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Could B, in a contract for the supply of goods to C restrict or exclude liability for loss or damage that results from the negligence of a person concerned in the distribution of those goods?
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No
Section 5(1) |
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How does section 5(2)(a) define "consumer use"
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Goods are to be regarded as "in consumer use" when a person uses them otherwise than exclusively for the purposes of a business
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How does 5(2)(b) define a guarantee?
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Anything in writing that which contains some money back/replacement/compensation promise
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What does section 5(3) mean?
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No idea
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What is section 6 concerned with
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Sale and Hire Purchase
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What is section 12 of the SOGA 1979 concerned with
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Implied terms about title.
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In section 12, two situations in which a sale of goods takes place is envisaged. What are they?
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section 12 (1) and (2): where the Seller has an unqualified right to sell the goods, the subject of the contract
Sections (3) - (5) envisage a situation where the seller only has a qualified title. |
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In section 12, where the Seller is entering into an agreement for sale, what is the implied term he is deemed to have included
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That he will have an unqualified right to sell at the time when the property is to pass.
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What implied term does section 12(1) imply into a sale contract
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That the seller has the right to sell what he is selling.
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What implied term(s) does section 12(2) imply into a sale contract?
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(a)That the goods are free from any charge or incumbrance not known to the buyer before the sale is made
(b) that they will remain that way |
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What does section 12(4) do of SOGA 1979 do?
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Implies a term that the seller has told the buyer about any charges/encumbrances that the goods are subject to
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In a contract for the sale of a lawnmower, C1 attempts to exclude section 12 SOGA. Can he do so?
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Yes. Section 6(1) only applies to transactions made in the course of business (section 1(3)).
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In a contract for the sale of a pasta making machine to B2, B1 excludes section 12 SOGA. Is this binding on B1?
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No. Section 6(1) applies both to businesses and consumers. You cannot restrict or exclude s12 of SOGA
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What does section 8(1)(a) of SOG(IT) do?
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section 8(1)(c) implies a term on the part of the creditor (seller type person) that he will have a right to sell the goods at the time when the property is to pass;
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What term does section 8(1)(b) do?
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Implies a term that the creditor (the seller type person) will continue to have that right until the property passes and that the buyer will not be disturbed by anyone with superior title that the Seller hasn't told him about.
So no nasty surprises |
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What does section 8(2) of SOG(IT)A 1973 do?
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The same as section (1), but covers situations where the creditor has a qualified right.
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Is the term implied by section 8(1)(a) - right to hire out - of the SOG(IT)A 1973 a condition, or a warranty?
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A condition. By section 8(3) of SOG(IT)A 1973.
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Is the term implied by section 8(1)(b) of SOG(IT)1973 a condition or a warranty?
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A warranty. By section 8(3) of SOG(IT)A 1973.
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Is the term implied by section 8(2)(a) and (b) of SOG(IT) 1973 a condition or a warranty?
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A warranty. By section 8(3) of SOG(IT)A 1973.
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What is section 13 of SOGA 1979, and section 10 of SOG(IT)A 1973 concerned with?
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Sale or hire of goods by description.
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What term does section 13(1) of SOGA 1979 and section 9 of SOG(IT)A 1973 imply into a contract for the sale/bailment of goods
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Where the goods are sold by description, that the goods will correspond with the description.
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Is the term implied by section 13(1) of SOGA 1979 and section 9(1A) of SOG(IT)A 1973 a condition or a warranty?
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By section 13(2) of SOCA 1979 and section 9(1A) of SOG(IT)A 1973, it is a condition.
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A buyer goes to PYO. He is told he is buying granny smith apples, and is pointed at a line of trees labelled eroneously "Granny Smiths". When he gets home, his wife indignantly tells him he has picked Golden Delicious. Can the transaction still be a sale by description?
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Yes. Section 13(3) of SOGA 1979 says that a sale of goods is not prevented from being a sale by description by reason only that, the goods, being exposed for sale or hire, are selected by the buyer.
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What is section 14 of SOGA 1979 and section 10 of SOG(IT)A 1973 concerned with?
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Implied terms about quality or fitness of the goods sold or bailed.
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What is section 14 of SOGA 1979 and section 10 of SOG(IT)A 1973 concerned with?
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Implied terms/undertakings about quality or fitness
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C1 sells a car outright to C2. As C2 drives it home, the wheels fall off. Does C2 have any recourse under SOGA?
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No. Section 14(1) of SOGA 1979 says no implied term atout the quality or fitness for any particular purpose of goods supplied under a contract of sale.
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B1, a car dealership, sells a car to B2. As the chauffeur drives it home, the wheels fall off. Does B2 have recourse against B1 under SOGA 1979?
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Yes. SOGA 14(2) states that where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of "satisfactory Quality" (my inverted commas)
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What does section 14(2) of SOGA 1979 provide
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SOGA 14(2) states that where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of "satisfactory Quality" (my inverted commas)
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What does section 14(1) of SOGA 1979 provide?
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Section 14(1) of SOGA 1979 says no implied term about the quality or fitness for any particular purpose of goods supplied under a contract of sale.
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Allyson buys a TV from Tony. There are a number of things about the TV she is unhappy about. Is the transaction covered by SOGA 1979?
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Is Tony acting "in the course of his business". If he is, then there is a term implied into the contract of sale, that the TV is of "satisfactory quality". section 14(2). SOGA 1979
If however, he is selling his late mum's set, then there is no implied term. section 14(1) SOGA 1979 |
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Tony and Allyson disagree about the meaning of "satisfactory quality". Assuming the TV transaction is within SOGA, what might assist them to resolve their differences?
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Introducing the reasonable person!! S/He is our arbiter.
Would s/he think the TV was of satisfactory quality? In coming to his decision, s/he can have regard to the description of the TV Tony offered, its price and any other relevant circumstances. Section 14(2A) SOGA 1979 |
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What dramatis personae does section 14(2A) of SOGA 1979 introduce?
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Introducing the reasonable person!!
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What can the reasonable person have regard to when s/he is deciding whether Tony's telly is of satisfactory quality under section 14(2A)?
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Three constituents:
(a) description (b) price if relevant (c) all other relevant circs. |
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What is section 14(2B) of SOGA 1979 concerned with
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What makes up the quality of goods.
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Allyson buys a TV from Tony. There are a number of things about the TV she is unhappy about. Is the transaction covered by SOGA 1979?
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Is Tony acting "in the course of his business". If he is, then there is a term implied into the contract of sale, that the TV is of "satisfactory quality". section 14(2). SOGA 1979
If however, he is selling his late mum's set, then there is no implied term. section 14(1) SOGA 1979 |
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Tony and Allyson disagree about the meaning of "satisfactory quality". Assuming the TV transaction is within SOGA, what might assist them to resolve their differences?
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Introducing the reasonable person!! S/He is our arbiter.
Would s/he think the TV was of satisfactory quality? In coming to his decision, s/he can have regard to the description of the TV Tony offered, its price and any other relevant circumstances. Section 14(2A) SOGA 1979 |
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What dramatis personae does section 14(2A) of SOGA 1979 introduce?
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Introducing the reasonable person!!
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What can the reasonable person have regard to when s/he is deciding whether Tony's telly is of satisfactory quality under section 14(2A)?
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Three constituents:
(a) description (b) price if relevant (c) all other relevant circs. |
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What is section 14(2B) of SOGA 1979 concerned with
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What makes up the quality of goods.
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What are the six things that section 14(2B) says should be considered about the TV when our reasonable person is deciding whether it is of satisfactory quality?
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1.state and condition
2.fitness for all the purposes for which goods of the kind in question are commonly supplied. 3 appearance and finish 4 freedom from minor defects 5.safety 6. durability. |
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Supposing Allyson has established that the reasonable person would have decided the TV was not of satisfactory quality, what three defences would Tony have?
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1.that the matters complained of had been specifically drawn to Allyson's attention before she bought the telly
2. that she had a good look at the telly first, and she should have known 3. if the first telly was a sample, that she should have seen what she didn't like from the sample |
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What does section 14(2C) SOGA deal with?
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Defences for the Seller
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What does section 14(2D) SOGA deal with?
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Consumer protection and public statements made by the seller particularly as to labelling and advertising. They form part of the relevant circumstances under section 14(2)A SOGA
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What are the three things mentioned in 14(2A) as being relevant in the reasonable person's assessment of whether something is of satisfactory quality under section 2 SOGA 1979?
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description
price what the advertising and labelling said. |
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Is the buyer entitled under section 14 of SOGA 1979 entitled to have regard to what the seller's producer said in any public statements about the goods, and whether they are or are not of satisfactory quality?
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Yes. The public statements can be made by the seller, his representative or producer: section 14(2D) of SOGA 1979
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Is the buyer entitled under section 14 of SOGA 1979 entitled to have regard to what the seller's representative said in any public statements about the goods, and whether they are or are not of satisfactory quality?
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Yes. The public statements can be made by the seller, his representative or producer
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Allyson says she was influenced by an advertising campaign that Tony ran for his televisions. Tony can displace the presumption that his public statement influenced her in what circumstances?
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Section 14(2E) says that a public statement should not be regarded as such under section 14(2D) if:
Tony had not known and could not have reasonably been aware of the public statement - the reasonable ignorance defence. Before the contract was made, the statement had been corrected Allyson had been in Australia, so couldn't have been influenced by the advertising. |
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Under section 14(2E) of SOGA 1979 at what time must the Seller show that he was not aware of the public statement, and could not reasonably have been aware?
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at the time the contract was made.
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There are two characters who make their appearance in section 14(3) of SOGA 1979. Who are they?
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The seller, and the hire purchase geezer, called "the credit broker"
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What does section 14(3) of SOGA 1979 deal with?
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Implied terms of fitness for purpose where the buyer tells - expressly or impliedly - the seller/credit broker that he wants the goods for something funny.
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What defence is afforded the seller/credit broker in section 14(3) SOGA 1979?
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That the circumstances show that the buyer does not rely on, or that it is reasonable for him to rely on the skill/judgment of the credit-broker/seller
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What does section 14(4) of SOGA 1979 say?
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An implied term about quality or fitness for a particular purpose may be annexed to a contract of sale by usage.
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Tony was merely acting as an agent for Rosie in the sale of the TV to Allyson. Does this get him off the SOGA hook?
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No: see section 14(5). The provisions of section 14 apply as much to an agent as to a principal. However if Tony wasn't selling the telly in the course of his business AND Allyson knows that, or reasonable steps have been taken to draw that matter to her attention before she bought the telly.
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What is the defence afforded to agents in section 14(5) of SOGA 1979?
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If the agent is acting in the course of his business then there is none. However if Tony wasn't selling the telly in the course of his business AND Allyson knows that, or reasonable steps have been taken to draw that matter to her attention before she bought the telly.
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What does section 15, SOGA 1979 deal with
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contract for sale by sample
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What is a contract for sale by sample?
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s15(1) SOGA defines it as a sale where there is an express or implied term that the contract has that effect.
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section 15(2) contains two implied terms for a contract of sale by sample. What are they?
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That the bulk of the goods will correspond with the sample in quality
That the goods will be free from any defect which makes their quality unsatisfactory, which would not be apparent on reasonable examination of the sample. |
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Is the implied term in section 15(1) of SOGA 1979 a warranty or a condition?
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a condition
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