1. History
The Sale of Goods Act 1979[1] is an Act of the UK Parliament. It regulates English commercial Law as well as UK Contract Law relating to sale and purchase of goods. The original basis for this Act is Sales of Goods Act 1893.This Act was modified or amended several times which resulted in codification and consolidation of the Law. In order to give a consolidated structure and shape to the Act of 1893, The Sale of Goods Act 1979[2] was passed. Subsequently also, there are many amendments to the Act.2. Operation
The Sale of Goods Act 1979 attends to a number of functions. The Act applies to contract where goods are transferred or to be transferred to for monetary consideration[3]. The legal rules prescribed by it are very small number, but it contains a large number of presumptions as well as implied terms. These terms and presumptions indicate the most commonly accepted Contracts of Sales. Unless there are any terms to the contrary in the sales contract, the said contract is expected to follow the implications of this law[4].The Act contains seven parts[5] in all. Part I just mentions the contracts it applies to. The operation guidelines are contained in Parts II to Parts VII. Part II deals with formation of contracts, Part III with the effects of contracts, Part IV with performance of the contracts, Part V with rights of the unpaid seller, part VI for actions for breach of contract and part VII with supplementary[6].
3. Protection to Consumers by implied terms
There are four main protections provided by the Sale of Goods Act 1979[7] to the consumers.1.) The seller should have the right for sale of goods (S.12)[8].
2.) Goods sold by description must agree with the description (S.13)[9].
3.) Quantity of goods must be satisfactory (S.14)[10].
4.) If the goods are sold by sample, the actual goods received by the buyer must agree with the sample in quality.
These protections are provided for in the form of statutory implied terms. This means that irrespective of what the parties to a sale of contract agree to these terms will automatically apply to all contracts of sale.
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