today I want to take a look at some essentials some basics of the sale of
goods and supply of Services Act of 1980 so let's take a look the key and
significant point to understand about the 1980 Act is that it implies certain
terms into every contract so whether the contract is for the sale of goods or the
supply of services certain terms are implied in relation to the sale of goods
1 the sellers right to transfer ownership that is that he has good title
is implied into the contract - the goods shall correspond with their description
in other words there's not going to be some sort of a switching base situation
where he described one thing and supply something else
a third implied term that's implied into every contract courtesy of the sale of
goods and supplier services like 1980 is that the goods will be of merchantable
quality except except where defects were brought to the buyers attention or
defects should have been noticed on examination before the contract was made
merchants of equality then are essentially goods which are fit for the
purpose intended the fourth implied term into every contract with regard to the
sale of goods is that if there's a sale by sample there's an implied term that
the bulk will correspond with the sample in respect of quality when it comes to
exclusions in relation to the sale of goods any term excluding the implied
terms will be void where the buyer acts as a consumer however where the buyer is
not acting as a consumer then there can only be an exclusion where it is fair
and reasonable this would be the situation where one business is buying
from another business the first business or the vendor business can exclude
certain terms providers they are affair or the exclusion is fair and reasonable
and obviously the purchaser purchasing business would have an opportunity to
negotiate and say no I don't accept that or yes I do accept that when it comes
down to the supply of services the implied terms are wound the supplier has
the necessary skill to supply the service to he or she will provide the
service with skill and diligence three materials used if the if there is any
materials have been used in the provision of the service will be sound
and reasonably fit for the purpose for the purpose intended and for where goods
are supplied under the contract they will be of merchantable quality when it
comes to an exclusion or a variation where the recipient is a consumer the
implied terms can only be excluded where it is fair and reasonable to do so and
only if the exclusion is brought to the attention of the consumer where the
recipient is not a consumer then the exclusion clause can be used by a course
of dealing between the parties or by usage or indeed by a negotiation between
the parties who obviously if they're both businesses should be able to
negotiate satisfactorily and competently on their own behalf other consumer
legislation that you must consider if your money issue would be the Consumer
Protection Act of 2007 there is a European communities misleading
advertising regulations of 1988 the European communities regulations of 1989
to do with the cancellation of contracts negotiators away from the business
premises there's the liability for defective
products Act of 1991 does European communities regulations 95 and 2000
there is the Consumer Credit Act there is the package holiday and travel fair
act and the European communities regulations 2003
I am Tara Gauri I'm a solicitor in Enfield in County Meath I hope you find
this brief introduction to sale of goods and supply of services
like 1980 useful if you do you might give us a thumbs up down below because
it gives me a good degree of encouragement thank you