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CAMBRIDGE ENGLISH.
LEGAL.
MODULO III. AÑO 2013.
SALE OF GOODS

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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OTHER ASPECTS
• Legislation to regulate
performance between the
parties.
NEXT PPT:
RETENTION
OF TITLE.
AUSTRALIA
CASE.