Explain the Importance of the Provisions of the Sale of Goods

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Examlex · Accepted Answer

The Answer is One of the most important provisions of the Sale of Goods Act relates to fitness and quality. Students should point out that this implied term might be the only provision in a contract relating to the ability of the product to perform as required or whether it is properly made to do the job. These provisions apply to both new and used goods, and they apply not only to consumer purchases but also to business transactions, including heavy-duty machinery. The Hunter Engineering case is a good example of this provision being applied to the sale of large, expensive, specialized equipment used in mining operations.
Students should also point out that in consumer transactions, when dealing with new goods, many jurisdictions impose terms relating to the fitness and quality of the product on the manufacturer and seller. Exemption clauses are an attempt to modify this obligation as set out in the Sale of Goods Act, but in many jurisdictions those exemption clauses are void in consumer transactions. This question is a good opportunity for students to demonstrate an understanding of not only how the Sale of Goods Act implies terms into the agreement that otherwise would not be included, but also the specific nature of these clauses with respect to fitness and quality, and how they have been expanded into a form of consumer protection legislation.

Explain the Importance of the Provisions of the Sale of Goods

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