THE ROLE OF IMPLIED TERMS IN SALE OF GOODS CONTRACTS - Essay Example

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