Sale of Goods Act

Sale of Goods Act 1979 (SGA)

Applies to sale of goods (NOT consumer contracts → CRA 2015 applies there)

Key implied terms

s12 title, s13 description, s14 quality, s14(3) fitness, s15 sample

s12 (Title)

Seller has the right to sell the goods

Classification

Condition → breach = terminate + damages

s13 (Description)

Goods must correspond with description

Applies where sale is “by description”

Classification

Condition

s14(2) (Satisfactory quality)

Goods must meet standard of a reasonable person

Factors

description, price, all circumstances

Checklist

fitness for common purpose, appearance, minor defects, safety, durability

Classification

Condition

s14(2) exceptions

no liability if defect drawn to buyer’s attention OR buyer examined goods and should’ve noticed OR seller not in course of business

s14(3) (Fitness for purpose)

Goods must be fit for buyer’s specific purpose

Requirements

purpose made known + reliance on seller’s skill/judgment

Classification

Condition

s14(3) exception

no term if no reliance or reliance unreasonable

s15 (Sale by sample)

Bulk must correspond with sample

Also

no hidden defects not visible on reasonable examination

Classification

Condition

s15A

Slight breach → treated as warranty NOT condition → damages only (no rejection)

Burden of proof

on seller

Conditions vs warranties

Condition = terminate + damages, Warranty = damages only

Contracting out (s55 + UCTA)

possible but restricted

UCTA

s12 cannot be excluded

UCTA

ss13–15 only if reasonable

Exam tip

DO NOT mix SGA with Consumer Rights Act

Memory chain

Title → Description → Quality → Purpose → Sample