Issues In Internet Sales Law - Essay Example

Section 14(2) of the Act states that “where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the Act are of satisfactory quality”1 unless existing defects are specifically bought to the buyer’s attention before the purchase or the buyer has the opportunity to examine the goods before purchase. In this case, Chris has not had the opportunity to examine the goods before purchase; there is an implied condition that the goods are in merchantable condition.

In further defining what constitutes a “satisfactory quality” of the goods as defined under the Act, Section 14 (2A) of the Act states that “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 the purposes for which goods of the kind in question are commonly supplied (b) appearance and finish (c)freedom from minor defects (d)safety and (e) durability.

”2 The Sale and Supply of Goods to Consumer regulations 2002 also requires that in defining quality, factors to be taken into consideration also include “public statements on the specific characteristics of the goods made about them by the seller…..particularly in advertising.”3 Applying this in the case of Chris, the seller has advertised the pot “sold as seen” and “in good condition” for its age. On this basis, the photograph is the criterion for judging the quality of the goods, as well as the seller’s public statement that the pot is in good condition.

However, the goods in question which have been purchased appear defective, because there are some cracks in it which are older and filled with dirt, thus indicating that they have not been recently acquired during the process of transit. Since the goods have been received with a number of chips and a cracked base, it is not suitable for the