Contracts for Sale of Goods (11:III): Difference between revisions
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Contracts for Sale of Goods (11:III) (view source)
Revision as of 23:59, 5 August 2021
, 5 August 2021→C. Provisions of the Sale of Goods Act
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== C. Provisions of the Sale of Goods Act == | == C. Provisions of the Sale of Goods Act == | ||
Under ss 16 – 19 of the ''SGA'', many terms are implied into contracts for the sale of '''new''' items. When these implied terms can and cannot be expressly waived by the seller is governed by s 20. The ''SGA'' also defines these terms as conditions or warranties, thus determining the remedies available if breached. | |||
=== 1. Implied Conditions and Warranties === | === 1. Implied Conditions and Warranties === | ||
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==== d) Installments ==== | ==== d) Installments ==== | ||
Under s 35(1), a buyer need not accept delivery by installments unless that is agreed to. Where a contract is for separately paid installments, circumstances and construction of the contract determine whether a breach allows for repudiation of the entire contract, or only a right to sue for damages regarding the defective installment. | Under s 35(1), a buyer need not accept delivery by installments unless that is agreed to. Where a contract is for separately paid installments, circumstances and construction of the contract determine whether a breach allows for repudiation of the entire contract, or only a right to sue for damages regarding the defective installment. | ||
== D. Remedies for Breach of Contract == | == D. Remedies for Breach of Contract == | ||