7 - Sale of Goods & Consumer Protection-1

7 - Sale of Goods & Consumer Protection-1 - Sale of...

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Sale of Goods Act & Consumer Protection Act etc. .
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Sale Of Goods Act Much of modern business centres on buying and selling goods All provinces and territories have legislation which holds the seller of goods responsible for minimum guarantees concerning the quality of the goods they sell. This legislation is often known as the Sale Of Goods Act
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Sale of Goods Act The Sale of Goods Act is the main piece of legislation helping buyers to obtain redress (i.e. corrects wrongs) when their purchases go wrong . Whenever you sell goods to a customer you have certain responsibilities. Essentially, the Act states that what you sell must fit its description, be fit for its purpose and be of satisfactory quality .
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The Sale of Goods Act history of Sale of Goods Act codification of judge-made rules designed to enhance certainty and efficiency nature of Sale of Goods Act merely default rules Intended to fill the gaps in the terms of a contract parties generally free to agree otherwise Sale of Goods Act and risk management many terms imposed by statute applicable regardless of parties’ awareness
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The Sale of Goods Act A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration , called the price.
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The Sale of Goods Act contd. . statute applies only to a “sale of goods” “sale of goods” defined a sale ( e.g. not leases ) a sale of goods intention to transfer ownership tangible things ( e.g. not intangible things or pure services) Goods are items such as clothes, cars and televisions a sale of goods for money price paid in cash or equivalent ( e.g. not pure trade and not barter) (sometimes) a contract evidenced in writing requirement has limited relevance
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The Sale of Goods Act contd. . The Sale of Goods Act implies certain terms into every contract of sale . The terms in a contract are not all of equal importance. The law recognizes this, and divides those terms into 2 categories. Terms of a sale of goods contract are called conditions or warranties (can be either implied or expressed in a contract)
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The Sale of Goods Act contd. . Sale of Goods Act implies these Condition : major essential term if breached can terminate the contract and claim damages also Warranty : minor term if breached can only claim for damages (that is cannot get out of the contract) e.g., order a blue Chevrolet sedan and dealer gets a pink Chevrolet convertible Court would say a condition is breached and person can terminate the contract and claim damages. If just turn signals and other minor things don’t work, court would say it is a warranty only and must go though with the deal and only can claim damages to do the repairs
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The Sale of Goods Act contd. . Please
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7 - Sale of Goods & Consumer Protection-1 - Sale of...

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