Business Contract Terms and Remedy
Autor: lowrider_786 • April 30, 2015 • Coursework • 3,643 Words (15 Pages) • 942 Views
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Contract Terms & Remedies
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Contents Page
- Definition Of Goods 3
- Supply Of Goods & Services 5
- Implied Terms For The Supply of Goods 6
and Services, Work & Materials
- False Trade Descriptions 7
- Remedies Available to the Parties to 9
a contract
- Unfair Contract Terms Act 1977 12
- Application of Remedies 14
- Bibliography 18
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These days many contracts are concerned with agreements between businesses, many others are made between a business and a member of the public. Hopefully by the end of this report, I will have covered and understood the meaning and effect of terms in a standard form contract and also talk about remedies available to parties to contract.
“A Piece of legislation which controls contracts and protects consumers”.
Definition of Sales of Goods
Definition of Goods
S2(1) of the Sale of Goods Act 1979 defines a contract of the sale of goods as one by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called “Price”.
Implied Terms
Parties are generally free to agree between themselves the details of their contract. But the act automatically includes a series of conditions in every contract for the sale of goods dealing with:
- Title
- Description
- Fitness
- Satisfactory Quality
All of these are known as implied terms and they are dealt with in sections 12 to 15 of the Sale of Goods Act 1979.
Title
In S12(1) there is an implied condition on the part of sellers then they have the right to sell the goods. For example, a car dealer impliedly confirms that the cars it sells actually belong to it and that it can legally pass ownership (title) to another person. If sellers cannot pass good title (the right of ownership) to buyers, they will be liable for breach of a contract.
Description
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