Sale of Goods Act 1930
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Question: Implied terms under Sale of Goods Act 1930 have been enacted to protect the buyers. Discuss critically.
Here we are going to discuss about different rules which are applied to various contracts provided by the Sale of Goods Act 1930. And by discussing critically, we can identify whether the Sale of Goods Act 1930 favors the buyers rights or not. In this part of discussion we are going to identify what different implied rules tell us,
There are various terms and conditions that can be applied during the contract of sale of goods. In Sale of Goods Act 1930, section 14 tells us about the implied terms. These implied terms takes place during two situations. They are: incase of sale of goods and in case of agreement to sell. In Sale of Goods Act 1930, section 14 (a) it is said there is an implied rule that the seller should be absolute owner or titleholder during an agreement to sell the goods or he should have the legal title to sell at that particular time when the property or title is to pass.
There is another implied warranty in section 14 (b) which says that the seller should deliver the goods by which buyer can enjoy quiet possession of goods. To enjoy quiet possession, the goods should be free from any charges or third party claims which is explained in section 14 (c). Sale of Goods Act 1930, section 14 (c) tells us that the goods should be free from any charges, loans or any third party claims. So if any third party claims exists against the buyer of goods, then the buyer may claim against the seller for the breach of implied rule of titleholder.
In the contract of sale of goods, there is an implied condition that when goods are delivered, it should match with the description. In section 15 of Sale of Goods Act 1930 tells us that goods shall correspond with the description and if it is sale by sample, then it should match with the description as well.
In case of sale by sample, section 17 tells us more elaborately, in section 17 (2) says the following implied conditions:
Most of the goods should match with the sample in quality
The buyer should get reasonable opportunity to check the goods to match with the sample at the time of delivery. Having such opportunity at that particular time is very crucial.
The goods should be free from any defect which may make them unmerchantable; if it is examined by the buyer then it would be another situation.
When it is subject to implied condition of quality or fitness, Sale of Goods Act 1930 section 16 (1) tells
When a buyer expresses his particular purpose for which the goods are required to buy, seller would provide advice to buy a particular good using his skills and experience on which the buyer would rely to make a buying decision, in this case there is an implied