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Section 12 of the Sale of Goods Act 1979 protects the interests of buyers if the seller does not have a clear title in the goods. Section 13 of the Sale of Goods Act 1979 states that goods sold by description must conform to their original description, under which they had been sold. Section 14 of the Sale of Goods Act 1979 requires that the goods sold must be of satisfactory quality (Sale of Goods Act 1979).
As such, title in goods, in the context of the right to sell, is the province of section 12 of the Sale of Goods Act 1979. Every sale of goods contract incorporates an implied term, namely that the right is vested with the seller, at the time when the property is to be transferred from the seller to the buyer. This right exists, only if the goods do not belong to some other person or the rights of some other person are not violated by such sale. Under the provisions of the SGA 1979, a breach of condition would be tantamount to a total failure of consideration. This condition applies even if the goods sold had been put to use (Stone 215).
Section 13 of the Sale of Goods Act 1979 includes an implied term in to the sale of goods contract, according to which a buyer can reject the goods supplied, if they had not been correctly described. This right exists only when the buyer relies on the description of the goods by the seller. (Sale of Goods Act 1979). Under this implied term, goods must correspond to their original description, in sale of goods by description, contracts.
The Sale of Goods Act 1979 makes it mandatory for the goods supplied to be free from any defect. Moreover, the goods must be fit for the purpose of the buyer for which the latter had purchased them. However, it must be established that the seller had knowledge about the purpose for which the goods had been bought. It is sufficient, if the buyer can establish that seller believed or knew that he was making a deceptive
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In publishing his book, Principles of commercial law, Ian (2001) argued that contract involving sale of land like any other contract focus on creating a legal obligation through writing, but one of the most complex contracts. The common law defines a sale of goods contract as conformity to transfer the possession of goods or assets at an agreed price or contemplation, from the seller to the buyer, who becomes the new owner of the goods (Ian, 2001:78).
All the websites, books, journals that introduce and encourage the use of LCs admit that a Letter of Credit, also known as a documentary credit, is most widely preferred as the method of payment for international transactions involving exports. This essay endeavours to explain what documentary credits are and why these are very popular worldwide.
We also aim to explain to him all legal matters that surround this issue so that he can be able to make the right decisions concerning the matter. The advice given in this paper would help Winston in knowing the steps to make as well as giving him the precaution which he have to consider in order to obtain justice.
The purpose of this rule was to contribute to the introduction of certainty in the exchanges and the decreasing costs (Borges 2008, pp. 332). They produced laws and regulations to preside over the international sales. Furthermore, they wanted to ensure that high quality of trade practices existed within the subscribed members of CISG.
The terms of the contract and the legal framework in place determines the obligations of both the parties in the buying and selling arrangement. Contractual terms are written or oral and signed between or agreed to by both the parties. Often these are express contractual terms representing the seller’s terms and conditions incorporated into contracts for sale of goods.
In order to answer this question it is necessary to discuss about Section 13 of The Sale of Goods Act 1979. Section 13(1) of The Sale of Goods Act 1979 states that where there is a contract for the sale of goods by description, there is an implied [term] that the goods will correspond with the description.
If all the parties involved in the contract agree upon all terms without any kind of influence they are held to the bargain unless circumstances intervene which are beyond the control of either party, and which fundamentally distort the nature of the contract.
The author states that an unfair term in a contract implies that the contract contains a clause capable of causing imbalances in the rights and obligations concerning one of the parties to the contract significantly detrimental to the party. There is enough guidance to show which term can be categorized as unfair.
Donald (2007:1) define a contract as, “a legally enforceable agreement giving rise to obligations for parties involved.” Whenever two different parties enter into an agreement which becomes the contract, there would be binding terms of the contract that would make them keep
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