SALE OF GOODS ACT 1979
Implied terms about title
Section 12 provides:
(1) In a contract of sale … there is an implied term on the part of theseller that in the case of a sale he has a right to sell the goods, and in thecase of an agreement to sell he will have such a right at the time when theproperty is to pass.
(2) In a contract of sale … there is also an implied term that-
(a) the goods are free, and will remain free until the time when the propertyis to pass, from any charge or encumbrance not disclosed or known to the buyerbefore the contract is made, and
(b) the buyer will enjoy quiet possession of the goods except so far as it maybe disturbed by the owner of or other person entitled to the benefit of anycharge or encumbrance so disclosed or known.
The term implied by s12(1) is a condition and the term implied by s12(2) is awarranty: s12(5A).
Sale by description
Section 13 provides:
(1) Where there is a contract for the sale of goods by description, there isan implied term that the goods will correspond with the description.
(1A) … the term implied by subsection (1) above is a condition.
(2) If the sale is by sample as well as by description it is not sufficientthat the bulk of the goods corresponds with the sample if the goods do not alsocorrespond with the description.
Implied terms about quality or fitness
Section 14 provides:
(2) Where the seller sells goods in the course of a business, there is animplied term that the goods supplied under the contract are of satisfactoryquality.
(2A) … goods are of satisfactory quality if they meet the standard that areasonable person would regard as satisfactory, taking account of anydescription of the goods, the price (if relevant) and all other relevantcircumstances.
(2B) … the quality of goods includes their state and condition and thefollowing (among others) are in appropriate cases aspects of the quality ofgoods -
(a) fitness for the purposes for which goods of the kind in question arecommonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.
(2C) The term implied by subsection (2) above does not extend to any mattermaking the quality of goods unsatisfactory -
(a) which is specifically drawn to the buyer's attention before the contractis made,
(b) where the buyer examines the goods before the contract is made, which thatexamination ought to reveal, or
(c) in the case of a contract for sale by sample, which would have been apparenton a reasonable examination of the sample.
(3) Where the seller sells goods in the course of a business and the buyer,expressly or by implication, makes known -
(a) to the seller …
any particular purpose for which the goods are being bought, there is animplied term that the goods supplied under the contract are reasonably fit forthat purpose, whether or not that is a purpose for which such goods are commonlysupplied, except where the circumstances show that the buyer does not rely, orthat it is unreasonable for him to rely, on the skill or judgment of the seller…
The terms implied by sections 14(2) and (3) are conditions: s14(6)
Sale by sample
Section 15 provides:
(2) In the case of a contract for sale by sample there is an implied term -
(a) that the bulk will correspond with the sample in quality;
(c) that the goods will be free from any defect, making their qualityunsatisfactory, which would not be apparent on reasonable examination of thesample.
The term implied by s15(2) is a condition: s15(3).
Modification of remedies for breach of condition in non-consumer cases
Section 15A provides:
(1) Where in the case of a contract of sale -
(a) the buyer would, apart from this subsection, have the right to rejectgoods by reason of a breach on the part of the seller of a term implied bysections 13, 14 or 15 above, but
(b) the breach is so slight that it would be unreasonable for him to rejectthem,
then, if the buyer does not deal as a consumer, the breach is not to betreated as a breach of condition but may be treated as a breach of warranty.
(2) This section applies unless a contrary intention appears in, or is to beimplied from, the contract.
(3) It is for the seller to show that a breach fell within subsection (1)(b)above.
SUPPLY OF GOODS AND SERVICES ACT 1982
Implied term about care and skill
Section 13 provides:
In a contract for the supply of a service where the supplier is acting in thecourse of a business, there is an implied term that the supplier will carry outthe service with reasonable care and skill.
Implied term about time for performance
Section 14 provides:
(1) Where, under a contract for the supply of a service by a supplier actingin the course of a business, the time for the service to be carried out is notfixed by the contract, left to be fixed in a manner agreed by the contract ordetermined by the course of dealing between the parties, there is an impliedterm that the supplier will carry out the service within a reasonable time.
(2) What is reasonable time is a question of fact.
Implied term about consideration
Section 15 provides:
(1) Where, under a contract for the supply of a service, the considerationfor the service is not determined by the contract, left to be determined in amanner agreed by the contract or determined by the course of dealing between theparties, there is an implied term that the party contracting with the supplierwill pay a reasonable charge.
(2) What is a reasonable charge is a question of fact.
taken from http://www.a-level-law.com/contract/contents/terms_lecture2.htm
Implied terms about title
Section 12 provides:
(1) In a contract of sale … there is an implied term on the part of theseller that in the case of a sale he has a right to sell the goods, and in thecase of an agreement to sell he will have such a right at the time when theproperty is to pass.
(2) In a contract of sale … there is also an implied term that-
(a) the goods are free, and will remain free until the time when the propertyis to pass, from any charge or encumbrance not disclosed or known to the buyerbefore the contract is made, and
(b) the buyer will enjoy quiet possession of the goods except so far as it maybe disturbed by the owner of or other person entitled to the benefit of anycharge or encumbrance so disclosed or known.
The term implied by s12(1) is a condition and the term implied by s12(2) is awarranty: s12(5A).
Sale by description
Section 13 provides:
(1) Where there is a contract for the sale of goods by description, there isan implied term that the goods will correspond with the description.
(1A) … the term implied by subsection (1) above is a condition.
(2) If the sale is by sample as well as by description it is not sufficientthat the bulk of the goods corresponds with the sample if the goods do not alsocorrespond with the description.
Implied terms about quality or fitness
Section 14 provides:
(2) Where the seller sells goods in the course of a business, there is animplied term that the goods supplied under the contract are of satisfactoryquality.
(2A) … goods are of satisfactory quality if they meet the standard that areasonable person would regard as satisfactory, taking account of anydescription of the goods, the price (if relevant) and all other relevantcircumstances.
(2B) … the quality of goods includes their state and condition and thefollowing (among others) are in appropriate cases aspects of the quality ofgoods -
(a) fitness for the purposes for which goods of the kind in question arecommonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.
(2C) The term implied by subsection (2) above does not extend to any mattermaking the quality of goods unsatisfactory -
(a) which is specifically drawn to the buyer's attention before the contractis made,
(b) where the buyer examines the goods before the contract is made, which thatexamination ought to reveal, or
(c) in the case of a contract for sale by sample, which would have been apparenton a reasonable examination of the sample.
(3) Where the seller sells goods in the course of a business and the buyer,expressly or by implication, makes known -
(a) to the seller …
any particular purpose for which the goods are being bought, there is animplied term that the goods supplied under the contract are reasonably fit forthat purpose, whether or not that is a purpose for which such goods are commonlysupplied, except where the circumstances show that the buyer does not rely, orthat it is unreasonable for him to rely, on the skill or judgment of the seller…
The terms implied by sections 14(2) and (3) are conditions: s14(6)
Sale by sample
Section 15 provides:
(2) In the case of a contract for sale by sample there is an implied term -
(a) that the bulk will correspond with the sample in quality;
(c) that the goods will be free from any defect, making their qualityunsatisfactory, which would not be apparent on reasonable examination of thesample.
The term implied by s15(2) is a condition: s15(3).
Modification of remedies for breach of condition in non-consumer cases
Section 15A provides:
(1) Where in the case of a contract of sale -
(a) the buyer would, apart from this subsection, have the right to rejectgoods by reason of a breach on the part of the seller of a term implied bysections 13, 14 or 15 above, but
(b) the breach is so slight that it would be unreasonable for him to rejectthem,
then, if the buyer does not deal as a consumer, the breach is not to betreated as a breach of condition but may be treated as a breach of warranty.
(2) This section applies unless a contrary intention appears in, or is to beimplied from, the contract.
(3) It is for the seller to show that a breach fell within subsection (1)(b)above.
SUPPLY OF GOODS AND SERVICES ACT 1982
Implied term about care and skill
Section 13 provides:
In a contract for the supply of a service where the supplier is acting in thecourse of a business, there is an implied term that the supplier will carry outthe service with reasonable care and skill.
Implied term about time for performance
Section 14 provides:
(1) Where, under a contract for the supply of a service by a supplier actingin the course of a business, the time for the service to be carried out is notfixed by the contract, left to be fixed in a manner agreed by the contract ordetermined by the course of dealing between the parties, there is an impliedterm that the supplier will carry out the service within a reasonable time.
(2) What is reasonable time is a question of fact.
Implied term about consideration
Section 15 provides:
(1) Where, under a contract for the supply of a service, the considerationfor the service is not determined by the contract, left to be determined in amanner agreed by the contract or determined by the course of dealing between theparties, there is an implied term that the party contracting with the supplierwill pay a reasonable charge.
(2) What is a reasonable charge is a question of fact.
taken from http://www.a-level-law.com/contract/contents/terms_lecture2.htm
