Chapter 9 Self-test questions

In which of the following circumstances will sections 14(2) and 14(3) of the Sale of Goods Act imply terms into a contract?

In all contracts.

In contracts only where the parties specifically agree to the terms being implied.

In all situations where consumers purchase goods from someone acting in the course of business.

Only in cases involving sales between two consumers.

Goods are defined in the Sale of Goods Act 1979 as 'all personal chattels other than things in action and money; and in particular "goods" includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale and includes an undivided share in goods.

True

False

In s. 61(1) of the Sale of Goods Act 1979 ______ are described as 'all personal chattels other than things in action and money…'

Under the Unfair Contract Terms Act, the reasonableness of an exclusion clause is NOT assessed by:

The strength of the bargaining position of the parties.

Where the party has received an inducement to contract.

The party's reasonable knowledge of the existence of the exclusion clause.

Whether the term was a bad bargain for the party.

Consumers may not rely on the description of goods provided by a retailer. Consumers must be vigilant and ensure provided descriptions accurately match the goods before entering a contract of sale.

True

False

For the purposes of identifying a 'consumer' applicable to the Sale of Goods Act 1979, section _______ of the Unfair Contract Terms Act 1977 provides the relevant definition.

In which Statute is a 'consumer' defined for the purposes of the Sale of Goods Act.

The Sale of Goods Act.

The Sale and Supply of Goods Act.

The Definition of Terms and Conditions in Consumer Sales Regulations.

The Unfair Contract Terms Act.

The Sale of Goods Act 1979 s. 14(2) relates to the quality of goods for sale. It ensures that even where defects in goods are pointed out before a sale takes place, a consumer may return these 'as new' goods to the retailer due to the goods not being of satisfactory quality.

True

False

Section 14(2) of the Sale of Goods Act 1979 requires that goods are of _________ _________.

In assessing the quality of goods as provided for in section 14(2) of the Sale of Goods Act 1979, which of the following is NOT a consideration?

Appearance and finish.

Whether the good cost over £100.

Freedom from minor defects.

Durability.

The terms implied through the Sale of Goods Act 1979 ss. 12–15 are conditions that allow the injured buyer to claim damages and in some instances to repudiate the contract.

True

False

The general remedies available for breach of the Sale of Goods Act 1979 are for the buyer to reject the goods and have the price paid returned, or to have the goods _________.

Which one of the answers below is incorrect when applied to the Sale of Goods Act 1979?

That goods must match their description.

In situations where goods are sold by sample those goods must conform to sample.

That goods must be of 'reasonable quality'.

That the seller must have good title when selling goods.

The Supply of Goods and Services Act 1982 s. 2(2)) provides a right of quiet possession and freedom from encumbrances. This section is considered a warranty.

True

False

The Unfair Contract Terms Act 1977 was enacted to regulate the use of ________ clauses.

Which one of the following is the only CORRECT statement? The Supply of Goods and Services Act 1982:

Implies conditions and innominate terms into contracts.

Implies a condition that services will be undertaken reasonably.

Implies a term that all prices must be fair and reasonable.

Implies no time stipulation when no time for performance has been mentioned.

The Unfair Contract Terms Act 1977 ensures that unfair exclusion clauses are removed or held invalid by the courts, and also regulates the use of non-contractual notices attempting to restrict liability for negligence.

True

False

Section ___ of the Unfair Contract Terms Act 1979 provides that Sale of Goods Act (SOGA) 1979 s. 12, and the Sale of Goods (Implied Terms) Act (SGITA) 1973 s. 8 cannot be excluded from any contract. Sections 13, 14, and 15 SOGA 1979, and sections 9, 10 and 11 SGITA 1973 cannot be excluded from contracts where the buyer acts as a consumer with a seller in the course of business.

An exclusion clause purporting to exclude liability for death due to negligence will be considered void.

True

False

The Unfair Contract Terms Act 1977 only applies to the unfair use of exclusion clauses. It therefore does not extend protection to misrepresentations.

True

False

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