2023년 2월 6일 월요일
What are implied terms by the statute Supply of Goods and Services Act 1982 under English law?
Under English law, the Supply of Goods and Services Act 1982 (SGSA) implies a number of terms into contracts for the supply of goods and services, in order to regulate the rights and obligations of the parties. These implied terms are designed to protect the interests of consumers and ensure that the contract operates fairly. The implied terms under the SGSA 1982 are as follows:
Performance with reasonable care and skill: The supplier must perform the service with reasonable care and skill.
Fitness for purpose: If the consumer makes known the purpose for which the goods or services are required, the supplier must ensure that the goods or services are fit for that purpose.
Title: The supplier must have the right to supply the goods or services.
Description: The goods or services must match the description provided by the supplier.
Due care and skill: The supplier must use due care and skill in performing the service and supplying the goods.
Reasonable price: The price for the goods or services must be reasonable, taking into account the quality of the goods or services and any other relevant circumstances.
These implied terms are designed to ensure that contracts for the supply of goods and services 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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