2023년 2월 7일 화요일

What are implied terms by the statute Sale of Goods Act 1979 under English law?

Under English law, the Sale of Goods Act 1979 (SOGA) implies a number of terms into contracts for the sale of goods, in order to regulate the rights and obligations of the parties. These implied terms are designed to protect the interests of both the buyer and the seller and ensure that the contract operates fairly. The implied terms under the SOGA 1979 are as follows: Title and quiet possession: The seller must have the right to sell the goods and the buyer is entitled to receive the goods free from any third-party claims. Description of goods: The goods must match the description provided by the seller. Quality and fitness for purpose: The goods must be of satisfactory quality and fit for the purpose for which they are sold, unless the buyer is aware of any defects and accepts the goods anyway. Delivery of goods: The seller must deliver the goods to the buyer on the agreed date or within a reasonable time if no date has been agreed. Payment for goods: The buyer must pay the price for the goods in accordance with the terms of the contract. Warranty of authority: If the seller is acting as an agent for the sale of goods, the seller must have the authority to make the sale on behalf of the owner of the goods. These implied terms are designed to ensure that contracts for the sale of goods are binding, enforceable and operate fairly between the parties, and they will be enforced by the courts as a matter of law unless the parties have agreed to exclude or vary the terms.

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