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9 Cards in this Set

  • Front
  • Back

What type of contracts are protected by special legal rules?

1) sale of goods

2) sale of services

3) hire of goods

4) consumer credit

To be classed as a contract for the sale of goods, there must be:

1) a contract

2) a sale of goods

3) transfer of property

4) money consideration

What are the two types of goods?

1) specific and ascertained goods - goods identified and agreed upon at time of contract

2) unascertained goods - generic goods which are not unique or identifiable at time of contract

Rules for transfer of ownership and risk if not clearly stated elsewhere:

1) specific goods in deliverable state: ownership passes at time contract is made

2) specific goods in undeliverable state: ownership passes when in a deliverable state and notification has been given

3) specific goods in deliverable state but action necessary to ascertain price: ownership passes when action is done and buyer notified

4) goods delivered are subject to approval: ownership passes when approval is given or time for return has passed

5) unascertained goods: ownership passes when goods are ascertained and irrevocably removed from bulk

What are the rules for transfer of ownership when it involves a consumer?

The goods remain at the seller's risk until they have been delivered to the consumer

What are the four implied terms for sales of goods?

1) seller has right to sell

2) description

3) satisfactory quality

4) fit for purpose

What are the buyer's remedies for goods?

1) rejecting goods and money back (30 days)

2) right to repair or replacement (6 months)

3) if repair or replacement unsuccessful, final right to reject or price reduction

What is the buyer's remedy for services?

Repeat service or price reduction

If you suffer damage due to faulty goods but there is no contractual relationship (or third party contractual relationship) in place, what two protections are offered?

1) the tort of negligence; however, must prove breach in duty of care

2) statutory product liability; only prove defect and harm caused