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Difference between revisions of "Sale of Goods Law"
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The ''Sale of Goods Act'' is an important law for consumers because it provides many rights and remedies. It does this in two main ways: | The ''Sale of Goods Act'' is an important law for consumers because it provides many rights and remedies. It does this in two main ways: | ||
* The Act deems that many rights are part of a sale of goods contract, regardless of what the parties have (or have not) agreed on. These are called | * The Act deems that many rights are part of a sale of goods contract, regardless of what the parties have (or have not) agreed on. These are called “'''implied terms'''”. These terms cover the quality of the goods sold and the seller’s right to sell the goods. Regardless of whether anything is said when a sale is made, or even if, in some instances, the seller specifically says that the ''Sale of Goods Act'' does not apply to the transaction, it is likely that the Act does apply.
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* The ''Sale of Goods Act'' gives consumers certain remedies if the seller breaches the rights given under the Act. The Act talks of rights that are | * The ''Sale of Goods Act'' gives consumers certain remedies if the seller breaches the rights given under the Act. The Act talks of rights that are “'''conditions'''” and rights that are “'''warranties'''”. In very general terms, conditions are seen as the most important basic rights of the contract, while warranties are seen as less important collateral rights. The distinction can be important for the type of remedy (see the section on [[Contract Remedies]]) available to the buyer. In general, breaches of conditions may allow consumers to get out of the transaction altogether (that is, return the goods and get their money back), while breaches of warranties usually allow consumers only to recover damages (that is, get some compensation for the defect in the goods).
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It is difficult to generalize about all the rights given by the ''Sale of Goods Act''. Considerable case law has interpreted many sections of the Act and refined the meaning of those sections. The relevance of a section to a particular transaction often depends on the specific facts of the transaction. Also, there are differences in how or whether the Act’s protection applies to transactions. For example, some protections apply to both business-consumer transactions and consumer-consumer transactions, while other protections apply to only business-consumer transactions. | It is difficult to generalize about all the rights given by the ''Sale of Goods Act''. Considerable case law has interpreted many sections of the Act and refined the meaning of those sections. The relevance of a section to a particular transaction often depends on the specific facts of the transaction. Also, there are differences in how or whether the Act’s protection applies to transactions. For example, some protections apply to both business-consumer transactions and consumer-consumer transactions, while other protections apply to only business-consumer transactions. | ||
