This problem scenario is clearly referred to sale of goods act 1979 and unfair contract terms act 1977. The given three questions have been analyzed accordingly in separate three paragraphs. In the sale of goods act section 2 (1) it defines that what contract of sale of goods is as a contract whereby the seller transfers or somehow agree to transfer property in the goods to buyer for money consideration, which called as the price.
Don’t waste time! Our writers will create an original "Scenario on the Sale of Goods and Unfair Contract Terms" essay for you whith a 15% discount.Create order
Mainly considering that point the question has been discussed. According to the question there are some aspects which can consider as the grounds on which bill may make a claim against Agro Ltd. This means consideration of Agro Ltdâ€™s liability under sale of goods act 1979 to bill. According to the given problem scenario the buyer, bill green is a keen gardener and a lecturer in biology. Sale of goods act however provides protections for Bill in four main sections. Section 12 points out that the seller be required to have the right to trade the goods. Section 13 points out that the goods sold by description should keep up a correspondence to the description. In section 14 it is noted that goods must be of satisfactory quality. Section 15, goods that are sold by sample must correspond to its sample in quality. From above sections, the section 14 is further limited in its scope. Somehow it applies only where goods sold in the course of businesses. According to section 14, when the seller Agro Ltd sells goods in the course of a business then present an implied term which points out that the goods supplied are of satisfactory quality. If Agro Ltd was not selling in the course of business and was only a private seller then they fall under section 13 and not within section 14. Agro Ltd sells Apple Grofertiliser to bill. Bill before deciding to buy â€˜Apple Groâ€™ fertilizer he looked at fertilizer on display, differing prices and read the promotional leaflets. First letâ€™s consider sale by description. According to section 13(1), it describes that wherever there is an agreement for sale of goods by its description there is an implied term which the goods correspond with the description. Sale by description means that a sale where the buyer that means according to the question bill green has not seen the goods and is relying on the description. But actually did bill not see the goods? He did look at several types of fertilizer. He studied the chemical composition of each fertilizer, given in the leaflets. But itâ€™s not clearly mentioned that the product of Apple Gro was there in the leaflets or not. He was given instructions and details of dosage rates after signing the sales invoice. A contract of sale does not become a â€˜sale by descriptionâ€™ merely because a description was attached to the goods.
We will send an essay sample to you in 2 Hours. If you need help faster you can always use our custom writing service.Get help with my paper