Sale of goods

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Sale of goods

  1. 1. Page 1 CAMBRIDGE ENGLISH. LEGAL. MODULO III. AÑO 2013. SALE OF GOODS
  2. 2. Page 2 DEFINITION OF SALE OF GOODS. Broad area of the law which is largely governed by legislation. LEGISLATION: **The Sale of Goods Act 1979 (U.K.) + **The United Nations Convention on Contracts for de International Sale of Goods Act. (CISG). Defined as an AREA OF THE LAW. The CISG sets forth rules that govern contracts for the international sale of goods. Tries to remove legal barriers and foster the development of international trade.
  3. 3. Page 3 DEFINITION OF SALE OF GOODS. **Type of contract ruled by the Sale of Contract legislation. **Particularly: the TRANSFER OF TITLE in a good from the seller to the buyer. Defined as an OPERATION OR CONTRACT. GOODS: “tangible chattlel”. Chattel: “un bien”. Goods include one “thing” and also a SERVICE.
  4. 4. Page 4 The Sale of Goods Legislation includes: • Contract Formation. Delivery and acceptance. • Price. • PASSAGE OF TITLE. • WARRANTIES OF TITLE. • Implied and express warranties. • DISCLAIMERs of warranties. • Remedies for breach of warranty. • The Passing of Risk.
  5. 5. Page 5 Contract formation (in the context of Sale of Goods). • Particular requirements applied to the formation of the Sale of Goods contracts. Example: • The price to be paid is usually set forth in the agreement. But legislation supplement the case in which the price is not written there. • At the very least: reasonable price.
  6. 6. Page 6 GOOD TITLE TRANSFER. • Generally, GOOD TITLE CANNOT BE TRANSFERRED to a 3rd party from a person NOT AUTHORISED TO DO SO by the HOLDER OF TITLE. • In other words: good title must be transferred only by the holder of title or by a person authorised to do so. • TWO CONSEQUENCES: Good faith and apparent authority come into play in this context.
  7. 7. Page 7 WARRANTIES • A warranty is a guarantee. It is a CONTRACTUAL TERM which is secondary to the main purpose of the contract, and guarantees the result of the contract. (Peter Collin Publishing. Dictionary of Law. 2nd ed.). • TYPES OF WARRANTIES: Implied and Express warranties.
  8. 8. Page 8 IMPLIED WARRANTIES • Implied warranties: such warranties which do not need to be expressed but which the law implies. • Warranty of fitness for a particular purpose. • Warranty of quality • Warranty of merchantability. Application of these two depends upon the type of sale. Ex: by sample. And depends on the fact whether the seller is acting in the course of business. Legislation prohibits NEGATE an implied warranty by writing an express warranty
  9. 9. Page 9 EXPRESS WARRANTIES • Warranties which are specifically stated either in writing or orally, as the case may be. • Exclusion : clause in a contract which limits the liability of a party. (e.g. in an insurance policy which states which items are not included). With EXCLUSIONS or DISCLAIMERs you cannot NEGATE implied warranties. • Disclaimer: clause in a contract where a party disclaims responsibility for something.
  10. 10. Page 10 OTHER ASPECTS • Legislation to regulate performance between the parties. NEXT PPT: RETENTION OF TITLE. AUSTRALIA CASE.

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