Essay: Warranty and the Sales of Goods Act
This essay discusses warranty and the sales of goods act. The Law gives the benefit to the buyers as well as sellers if the product sold meets all criteria’s specified by the seller. In the case of a breach of agreement by either, the law favors the second party.
The Law gives the benefit to the buyers as well as sellers if the product sold meets all criteria’s specified by the seller. In the case of a breach of agreement by either, the law favors the second party. In the case of The Sale of Goods Act, it lays down several conditions that all goods sold by a trader must meet. Consumers’ benefit from various protections under the Sale of Goods Act Amended by: 1993, c. 27, Sched. 1994, c. 27, s. 54, This Act was updated and amended by the Sale and Supply of Goods Act 1994. To benefit you must have entered into a ‘contract of sale’. Section 2(1) of the Act defines this as: ‘a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price’. According to the law, the goods sold must be:
- Satisfactory quality
- As described
- Fit for purpose
‘Satisfactory quality’ covers minor and cosmetic defects as well as substantial problems and it also means that products must last a reasonable time. But it does not give you any rights if a fault was obvious or pointed out.
‘As described’ refers to any advertisement or verbal description made by the trader.
‘Fit for purpose’ covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader.
All this is pretty straightforward and easy to remember, although if there is a dispute, the customer has to prove their case, not the trader. (Consumer Law, 1979)
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