By Ewan MacIntyre
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Extra info for Law Express: Business Law
However, s. 3 protects only those who deal as a consumer or who deal on the other party’s written standard terms. Meaning of dealing as a consumer Several sections of UCTA 1977 and SGA 1979 protect buyers only if they deal as a consumer. The definition of dealing as a consumer, for both UCTA 1977 and SGA 1979, is contained in s. 12 UCTA 1977. A buyer deals as a consumer if: 1 he neither makes the contract in the course of a business, nor holds himself out as doing so, and 2 the other party does make the contract in the course of a business, and 3 the goods supplied under the contract are of a type ordinarily supplied for private use or consumption.
3 Type of contract Sale of goods Hire-purchase Term implied (SGA 1979) (SGITA 1973) Transfer of Hire property in goods (SGSA 1982) (SGSA 1982) Right to sell s. 12(1) s. 8 s. 2 s. 7 Quiet possession & freedom from encumbrances s. 12(2) s. 8 s. 2 s. 7 Correspondence with description s. 13 s. 9 s. 3 s. 8 Satisfactory quality in business sales s. 14(2) s. 10(2) s. 4(2) s. 9(2) Fitness for purpose in business sales s. 14(3) s. 10(3) s. 4(3) s. 9(3) Correspondence with sample s. 15 s. 11 s. 5 s. 10 Supply of Goods and Services Act 1982, Part 2 The SGSA 1982, Part 2 implies three terms into contracts for the supply of a service.
10(3) s. 4(3) s. 9(3) Correspondence with sample s. 15 s. 11 s. 5 s. 10 Supply of Goods and Services Act 1982, Part 2 The SGSA 1982, Part 2 implies three terms into contracts for the supply of a service. These terms have no equivalent in the SGA 1979. They are as follows: ■■ Section 13(1) – implies a term that a supplier providing a service in the course of a business will carry out the service with reasonable care and skill. ■■ Section 14(1) – implies a term that a service provided by a supplier acting in the course of a business will be carried out within a reasonable time (where the contract did not fix a time by which the service should be carried out).