Business Contracts The sale of goods and the supply of services will involve a contract whether in writing, by words or implied from the circumstances. Certain rights are implied into most contracts for the supply of goods or services. These rights can generally be excluded in contract between businesses but cannot be excluded in contracts […]
Category: Sale of Goods
Implied Terms
Title The Sale of Goods Act 1979 provides that it is an implied term in the sale of goods that the seller has a right to sell the goods. In the case of an agreement for sale it is an implied term that the seller will have a right to sell the goods when the […]
Remedies
Unpaid Seller The ordinary law of contract applies for the most part in respect of the sale of goods. The sale of goods act provides additional remedies for buyers. A distinction is drawn between remedies available to consumers and others. The seller has a right to retain possession of the goods where they are to […]
Bill of Sale
Absolute Bill of Sale The Bill of Sale Act applies to so-called absolute bills of sale and security bills of sale. An absolute bill of sale is an instrument in writing giving effect to the transfer of immovable property. There is no absolute bill of sale in the usual case, where there is a contract […]
Retention of Title
Passing of Ownership The moment of passing of ownership is important in the sale of goods. This is because the owner of goods can sell them and the seller only has a claim for the price. This is significant in the event of the buyer’s insolvency as the seller may only be unsecured creditor. For […]
Unfair Contract Terms
Unfair Contract Act The general rule of contract law is that the parties are bound by whatever they agree. In the past, sellers were entitled to impose whatever conditions they wanted in small print which could be deemed to be accepted and binding on the consumer, no matter how unfair their content. This approach did […]
Applicable Law
Multi-Jurisdiction The exportation of goods or the provision of services abroad will involve the legal systems of different countries. There are two aspects to this matter. The first aspect concerns which particular country’s laws apply. The second aspect relates to which country’s courts may or must hear disputes which may arise. Disputes can be heard […]
Guarantees
Manufacturer’s Guarantee A manufacturer’s guarantee or warranty is usually a written undertaking to repair or replace defective goods within a certain time. The terms of a manufactures guarantee or warranty depends on what is offered. It may be possible to purchase additional or enhanced guarantee cover. Regulations make provision for consumer guarantees. Guarantees are of […]
Some Key Terms & Issues
Risk A separate issue to that of ownership is that of who carries the risk of the loss or damage to the goods. This generally lies with the person who has ownership. This position can be displaced and changed by the terms of the sale contract. Unless otherwise agreed, goods remain at the seller’s risk […]
