Legal SOGA vs SOGSA.txt

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Author:
daisykuk91
ID:
254994
Filename:
Legal SOGA vs SOGSA.txt
Updated:
2014-01-13 08:03:34
Tags:
Legal study
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Description:
legal notes
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  1. Title SOGA
    • s12
    • implied term about title
    • Seller has right to sell goods
    • Goods are free & remain free until it is to pass
  2. Title SOGSA
    • s2
    • Implied condition about title
    • Transferor has right to transfer property
    • Goods are free & remain free
  3. Description SOGA
    • s13
    • Implied term about sale by description
    • Goods will correspond with description
    • Not sufficient goods correspond with sample but not correspond with description
    • Not prevented even they are selected by buyer
  4. SOGSA description
    • s3
    • Implied condition about transfer by drscription
    • Goods will correspond with description
    • Not sufficient only correspond with sample but not correspond with description
  5. Satisfactory SOGA
    • s14(2)
    • Implied term about quality or fitness
    • NO implied term about quality or fitness EXCEPT
    • Sell goods in course of business, there is implied term of satisfactory quality
    • Goods are of satisfactory quality if they meet standard of reasonable person regard as satisfactory, taking a/c of description, price & other relevant circumstances
    • Quality include
    • - fitness for all general purposes
    • - appearance & finish
    • - freedom from minor defects
    • - safety
    • - durability
    • Will NOT extent to UNSATISFACTORY if
    • - specifically drawn the buyer's attention B4 contract
    • - buyer examines goods B4 contract, ex ought to reveal
    • - sale by sample, have been apparent on reasonable examination
  6. Satisfactory SOGSA
    • s4(2)-(3)
    • Implied terms about quality or fitness
    • NO implied condition or warranty abt quality or fitness EXCEPT
    • In course of business, there are implied condition
    • - of sat. quality if meet standard of reasonable person regard as satisfactory
    • NOT extent to UNSAT if
    • - specifically drawn to transferee's attention b4 contract
    • - transferee examines goods b4 contract
    • - transferred by sample, have reasonable examination of sample
  7. Fitness SOGA
    • s14(3)
    • In course of business, buyer expressly or imply make known to the seller any particular purpose for goods being bought
    • - implied term goods are reasonably fit for that purpose, EXCEPT
    • *buyer does not rely
    • *unreasonable for buyer to rely on the skill or judgement of seller
  8. SOGSA fitness
    • s4(4)-(6)
    • implied term of fitness for purpose
    • in course of business, transferee expressly or imply makes known to transferor any particular purpose for goods being bought
    • - implied condition, reasonably fit for that purpose, EXCEPT
    • *transferee does not rely
    • *unreasonable for him to rely on the skill & judgement of transferor
  9. SOGA sample
    • s15 sale by sample
    • bulk correspond with sample in quality
    • Free from any defect which NOT be apparent on reasonable examination of sample
  10. SOGSA sample
    • s5 transfer by sample
    • Bulk correspond with sample in quality
    • Have reasonable opportunity of comparing bulk with sample
    • Free from any defect which not be apparent on reasonable examination of sample
  11. UCTA 1977 sale & hire purchase
    • s6 sale & hire purchase
    • liability for breach of title SOGA s12, CANNOT be excluded or restricted by reference to any contract term
    • against a person dealing as consumer, SOGA s13-15 cannot be excluded or restricted by any contract term

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