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Sale of Goods Act 1979 - Satisfactory Quality

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Lawdit Solicitors - Expert Author

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12 December 2011

The Sale of Goods Act 1979 ('SOGA') allow terms to be expressly or impliedly incorporated in contracts. Breach of either express of implied terms by any party to the contract will amount to a breach of those terms will give rise to remedies.

If a seller supplies a buyer with goods and a dispute arises due to the goods being defective, this falls under Section 14 (2) of SOGA, unless this has been effectively excluded. In the absence of an express agreement, Section 14 (2) of SOGA makes it an implied condition of the contract that the goods supplied by the seller are of satisfactory quality. According to s14 (2) SOGA satisfactory quality is to be tested by reference to the standard that a reasonable person would regard as satisfactory quality, taking into account the aspects of quality referred to in Section 14 (2B) SOGA, namely, that the goods should be fit for the purpose for which they were commonly supplied and that the goods should be free from minor defects.

For example, if a seller sells goods that do not correspond to the standard they should the implied condition of satisfactory quality could be breached.

A breach of the implied condition of satisfactory quality would give the buyer the right to reject the goods. However the right to reject the goods can be lost in two ways:

1. A buyer deemed to have accepted the goods pursuant to S35 (4) SOGA when, after the lapse of a reasonable time, he retains the goods without notifying the seller that he has rejected them.

2. A commercial buyer can lose the right to reject the goods if the breach is so slight that it would be unreasonable for him to do so according to S15 SOGA. For example if a company ordered a consignment of 500 hair dryers and 1 out of the 500 did not work it would be unreasonable to reject the whole of the consignment.

If the right to reject the goods is not lost due to 1 and 2 above then it is more than likely that the buyer can reject the goods.

Aneela Akbar is a trainee solicitor and can be contact at aneela.akbar@lawdit.com


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 2012-03-27 14:14:27 in Legal Articles

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