Section 13 of the sale of goods Act of is convoluted to the extent that the seller is unable to meet the expectations of the buyer Bridge, For instance, the wording is so much that comprehension is hard. In this case, the section creates more discrepancies. According to this section, the seller only offers products that the buyer needs.
In a classical example, Judge Nourse offered a diverse interpretation in the Harlingdon and Leinster Enterprises Limited versus Christopher Hull Fine Art Limited that sale by description can be considered a breach of the contract in the event the buyer finds the products to be direct opposites of the required since the buyer relied heavily on the description.
In an example, a livestock farmer may have a cow that fits a considerable percentage of the description by the buyer only for minute inconsistencies to breach contract.
This as a result leaves the seller with the dilemma on the best interpretation of this sub section. In light of this example, it is imperative to note that the seller cements the perception that satisfaction is unachievable in business transactions. This is in cognition of the diversity in products that a seller has in possession.
For instance, a pig farmer may purchase cattle feed only because the description given by the seller resonates with the ingredients he or she requires only that the products serve diverse purposes.
As a result, the seller is left in a dilemma as the probable solutions to making the buyer contented. A seller, for instance, may offer a snippet description of a product only for the buyer to insinuate that the product is dissimilar to the description.
In this regard, courts were and continue to be utilized as the ideal arbitrators of the contract deals. In light of this, the description of the product may be insufficient thus putting at risk, the essentials of the agreement.
According to the sub section, the seller is not at liberty to provide his or her services. In an example, fake products continue to find their way into the markets thus posing potential risks on clients. This entails signing of contracts to secure the business transaction should irregularities surface.
In this case, such an Act may fail to address pharmaceutical drugs since genetic and original drugs are similar in composition but diverse in companies that manufacture the same. In this regard, buyers and sellers in the market place play a significant role in the realization of this goal.
However, the section alienates the seller from blame in the case whereby the buyer uses the product in other ways.
According to Ryder, Griffiths and Singh dissatisfaction arises when the seller and buyer undermine the de minimus rule.This Act may be cited as the Sale of Goods Act. A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.
(2) There may be a contract of sale between one part owner and another. STUDENT WORKSHEET. Lesson 3: Sale of Goods and Supply of Services ActPart 2 LEGAL NOT LEGAL A No exchange on goods marked “FAULTY” B No refunds on goods purchased during the sale C The management does not accept responsibility for goods sold D Faulty goods must be returned to the manufacturer E No cash refunds.
LESSON 3 ROLE. sale of goods and supply of services act who does the act apply to? The Act applies to the ‘consumer’. The Act protects consumers any time they buy goods for their own use or consumption and when: • they buy goods from someone who sells goods in the course of a business; and.
Definition Of Sale Of Goods Act. The Sale of Goods Act 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. To purely. The distinction between specific and unascertained goods is important because the type of goods has a bearing on when property passes from seller to buyer under S and S.
18 and the rules contained in S of the Act.
Sale of Goods and Agency The linkage between passing of property and the ascertainment of the contractual goods as required by section 16 of the Sale of Goods Act (as amended) presented major problems for buyers of bulk shipments or bulk consignments of goods.Download