Sale of Goods Act 1979 Commercial law (uk) Assignment

Sale of Goods Act 1979 Commercial law (uk) - Assignment Example If one were to adopt the narrow semantic position in this discussion, then one could conceivably argue that The Sale of Goods Act 1979 is more suitable as a commercial code. After all it was created specifically to address itself to commercial transactions between parties. In that these transactions almost always pertain to providing a good for a fee, this type of undertaking in an of themselves can be classified as a commercial transaction. The thrust of the Sale of Goods Act and its intent is to provide a net for all transactions; consumer and business. When one views the Act in its totality, it is readily discernable that it is an interchangeable document. Which attempts to address all of the possibilities which might surface during the course of a transaction. It was through the formulation of contracts that man was able to expand the acts of liaise faire and enter into deals. A contract is formed by agreement between two parties to the contract; the parties must choose to enter into a binding agreement; in a ordinary buyer to seller contract this may entail; the seller agrees to provide the buyer an item at a stated price. The seller (may be implied or explicit) then agrees to deliver the item in a reasonable or merchantable (satisfactory) condition to the buyer. The buyer having agreed with the conditions of the purchase agrees to pay the seller his previously stated price upon delivery of the item.... price upon delivery of the item. This is a bilateral contract, wherein each party has taken on an obligation to do something, in return for something. The promise which has been made by each party makes the "verbal" contract (may be formal or informal), binding. If any term or condition in this legally binding contract is breached by either party, the contract can then be voided. 3 As we find in Baldry v. Marshall [1925]; B owned a racing car but his wife refused to ride in it. He approached M, a car dealer, requesting details of Bugatti cars, about which he (B) knew nothing. He asked for a car that would be comfortable and suitable for touring purposes, and the dealer recommended a Bugatti. B agreed to buy a Bugatti; after inspecting the chassis. Once completed, it was obvious that the car was a racing car and not suitable for touring. He returned the car and sued for one thousand pounds that he had already paid under the contract. The court held; that B had relied upon the skill and judgement of M, and that it was in the course of M's business to supply cars. Hence, there had been a breach of the Sale of Goods Act 1979 S 14 (3). When a purchaser relies upon the skill and judgment of a seller and that seller is acting within the course of his business, then the purposes of S 14 (3), goods must be suitable for the purpose made known to the seller if a breach is to be avoided. Even if the goods are of merchantable (satisfactory) quality; other implied terms must be satisfied. S14 (3) precludes the seller from