Sale of Goods Act 1979 - Satisfactory Quality
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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 firstname.lastname@example.org
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Article Published/Sorted/Amended on Scopulus 2012-03-27 14:14:27 in Legal Articles