Sales of goods act

[barry_2008]

Has anyone done this before?

 

At what point dose the card issued by the bank become part of a service other than a sale of good.

The sale of goods act says the following.

 

2 Implied terms about title, etc.E+W+N.I.

 

(1)In a contract for the transfer of goods, other than one to which subsection (3) below applies, there is an implied condition on the part of the transferor that in the case of a transfer of the property in the goods he has a right to transfer the property and in the case of an agreement to transfer the property in the goods he will have such a right at the time when the property is to be transferred.

 

(2)In a contract for the transfer of goods, other than one to which subsection (3) below applies, there is also an implied warranty that—

 

(a)the goods are free, and will remain free until the time when the property is to be transferred, from any charge or encumbrance not disclosed or known to the transferee before the contract is made, and

 

(b)the transferee will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.

 

(3)This subsection applies to a contract for the transfer of goods in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the transferor should transfer only such title as he or a third person may have.

 

(4)In a contract to which subsection (3) above applies there is an implied warranty that all charges or encumbrances known to the transferor and not known to the transferee have been disclosed to the transferee before the contract is made.

 

(5)In a contract to which subsection (3) above applies there is also an implied warranty that none of the following will disturb the transferee’s quiet possession of the goods, namely—

 

(a)the transferor;

 

(b)in a case where the parties to the contract intend that the transferor should transfer only such title as a third person may have, that person;

 

©anyone claiming through or under the transferor or that third person otherwise than under a charge or encumbrance disclosed or known to the transferee before the contract is made.

[barry_2008]

Sales and suply of goods act 1994

 

Implied term about quality..

 

(1)In section 14 of the M1Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted—

 

“(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

 

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

 

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

 

(b)appearance and finish,

 

©freedom from minor defects,

 

(d)safety, and

 

(e)durability.

 

(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

 

(a)which is specifically drawn to the buyer’s attention before the contract is made,

 

(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or

 

©in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.”

 

(2)In section 15 of that Act (sale by sample) in subsection (2)© for “rendering them unmerchantable” there is substituted “ making their quality unsatisfactory”.

[slick132]

Hi Barry,

 

Responding to your bump in the General forum.

 

Can you confirm what the problem is.

 

I've seen the question at the top of your first post but it would help folks to answer if you gave us brief details of the context of your situation.

 

8-)