Sale of Goods Act Essay - Free Essays, Term Papers.
Sale of Goods Act, 1930: It is an Act to define and amend the law relating to the sale of goods. It tells about the meaning of sale and goods, warranties and conditions, property transfer and includes the rights of unpaid seller.
Since Sale of Goods contract is being in used from long time most of the business organizations deal in this contract. Therefore, “a Sale of good is defined as “an agreement whereby the seller transfers or agrees to transfer property in goods to the buyer for a money consideration called the price”.
S.12 of the Sales of Goods Act states that, “In a contract of sale, there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case an agreement to sell he will have such a right at the time when the property is to pass”.
A contract of sale of goods results, like any other contract, by an offer by one party and its acceptance by the other. Thus, it is a consensual transaction. The parties to the contract enjoy unfettered discretion to agree to any terms they like relating to delivery and payment of price, etc.
The Sale of Goods Act 1979 is an Act of the United Kingdom which regulates contracts in which goods are sold and bought. The Sale of Goods Act performs several functions. Buyer is a person that who wants to buy something from seller and seller is a person that sells out something that a buyer wants.
Introduction: In this assignment I will explain the implied terms under the Sale of Goods Act 1979 ss12-14 inclusive and analyse the effectiveness and application of these sections. Furthermore I will use relevant case law and academic research to support my arguments.
Section 16 (1) also state that goods are of a description which it is in the course of the seller’s business to supply (whether he is the manufacturer or producer or not). Company Y made sure that Inner Mongolia Fuyuan Agriculture Products Limited Company is the producer and supplier of tomato paste.
A Section 13 (1) of the sale of goods act provides that where a good is sold by description the good must correspond with the description. The description of the good should be accurate and if the goods do not match the description the buyer is entitled to a remedy.
Goods are satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, Section 14 (2B) of the Sale of Goods Act (as amended by the Sale and Supply of Goods to Consumers Regulations 2002) presents that durability is a factor to be considered in assessing whether goods are of satisfactory quality.
The Sale of Goods Act, 1930 provides for several aspects relating to the passing of property in a contract for sale of goods or property. There are several rules provided under Sections 18 to 25 of the Act through which rights and liabilities of the buyer and seller can be determined.
The Sale of Goods Act 1979 controls English law transactions between the purchaser and the seller of goods; it also applies to contracts where involving a transfer of the property in goods or an agreement to transfer a consideration in money. By s.13 SOGA 1979, where goods are sold by description.
Free Essays on Sale Of Goods Act 1957 Essay. Search. Sale of Specific Goods and Implied Conditions. This paper believes that in a sale of specific goods, there is no implied condition that the goods exist. Under the Sale of Goods Act 1979 s.5.
Under the Sales of Goods Act 1979 a company has to follow rules and regulations by law; this gives customers certain legal rights such as the right to return an item that may be faulty, if they want a refund or if they want to exchange the item for something else.
