Business contract
Question 1:
a) Explain the main characteristics of a consumer contract.
Sale of Goods Act 1979 (SOGA 1979) is amended by Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002
The Contract for Sale of Goods
A contract for the sale of goods is ‘a contract in which the seller transfers, or agrees to transfer, the property in goods to a buyer for a money consideration, called the price’
This contract contains two conditions, Both ‘sale’ and ‘agreement to sell, the seller can transfer the goods immediately and is willing and able to do ,there is some sort of condition that must be fulfilled firstly. Legal effect: In ‘sale, purchaser obtains a real right over the goods as property passing, In ‘agreement to sell’: purchaser only holds a personal right against the seller in respect of the contract.
The ‘Goods
“all corporeal moveable except money; and in particular ‘goods’ includes emblements, industrial growing crops and things attached to or forming part of the land which are agreed to be severed before sale or under a contract of sale.”
But there are two should be excluding: the first is incorporeal movables; the other one is heritable property, such as land and building.
Consumer contract is that supplied for private use or consumption.
b) Explain the implied terms in the Sale of Goods Act 1979
Implied Terms of SOGA 1979 which are automatically incorporated into a contract by SOGA 1979.
There are four breaches of Section 12, 13, 14 and 15
Section 12– Title
It has two main points
The first one is implied condition which means the seller has, or will have at the time when property in the goods is to be transferred, a right to sell the goods.
The second one is implied warranty, it tell us the buyer shall have quiet possession of the goods and that the goods are free of any encumbrance or challenge by a third party (unless disclosed to the buyer when the contract is made)
Section 12 cannot be
a) Explain the main characteristics of a consumer contract.
Sale of Goods Act 1979 (SOGA 1979) is amended by Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002
The Contract for Sale of Goods
A contract for the sale of goods is ‘a contract in which the seller transfers, or agrees to transfer, the property in goods to a buyer for a money consideration, called the price’
This contract contains two conditions, Both ‘sale’ and ‘agreement to sell, the seller can transfer the goods immediately and is willing and able to do ,there is some sort of condition that must be fulfilled firstly. Legal effect: In ‘sale, purchaser obtains a real right over the goods as property passing, In ‘agreement to sell’: purchaser only holds a personal right against the seller in respect of the contract.
The ‘Goods
“all corporeal moveable except money; and in particular ‘goods’ includes emblements, industrial growing crops and things attached to or forming part of the land which are agreed to be severed before sale or under a contract of sale.”
But there are two should be excluding: the first is incorporeal movables; the other one is heritable property, such as land and building.
Consumer contract is that supplied for private use or consumption.
b) Explain the implied terms in the Sale of Goods Act 1979
Implied Terms of SOGA 1979 which are automatically incorporated into a contract by SOGA 1979.
There are four breaches of Section 12, 13, 14 and 15
Section 12– Title
It has two main points
The first one is implied condition which means the seller has, or will have at the time when property in the goods is to be transferred, a right to sell the goods.
The second one is implied warranty, it tell us the buyer shall have quiet possession of the goods and that the goods are free of any encumbrance or challenge by a third party (unless disclosed to the buyer when the contract is made)
Section 12 cannot be