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Sale of Goods Act 1979 - Duties, Rights and Remedies


Lawdit Solicitors - Expert Author

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4 January 2012

The Sale of Goods Act 1979 ('SOGA') implies vatious duties on a seller and buyer in a sale of goods transaction in the absence of an express agreement.

Duties of the Seller

1. To deliver the goods, s29 SOGA.

2. To deliver the correct quantity, s30 SOGA.

3. To pass good title, s12 SOGA

4. To deliver the goods which:

- Correspond with description, s13 SOGA

- Are of satisfactory quality and fit for purpose, s14 SOGA

- Correspond with sample s15, SOGA

Duties of Buyer

1. To accept delivery, s27 SOGA

2. To pay for the goods, s27 SOGA

If any of the duties above are breached by one party to the contract, the other party has remedies available to it:

Rights and Remedies of the Seller:

1. To terminate/repudiate contract for breach of condition.

2. Action for the price, s49 SOGA.

3. Damages for non acceptance, s50 SOGA

4. Rights of unpaid seller:

- Lien, S41

- Stoppage, s44

- Resale, s48

To retain title to goods until paid.

Rights and Remedies of the Buyer:

1. To inspect the goods, s43 SOGA

2. To reject and refuse payment

3. To damages for non-delivery, s51 SOGA

4. To damages when the goods are accepted, s53

5. To request specific performance, s54 SOGA

Aneela Akbar is a trainee solicitor at Lawdit Solicitors a commercial law firm based in Southampton with associate offices in London, Malaga and Rome

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2012-04-12 12:46:34 in Legal Articles

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