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Title SOGA
- s12
- implied term about title
- Seller has right to sell goods
- Goods are free & remain free until it is to pass
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Title SOGSA
- s2
- Implied condition about title
- Transferor has right to transfer property
- Goods are free & remain free
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Description SOGA
- s13
- Implied term about sale by description
- Goods will correspond with description
- Not sufficient goods correspond with sample but not correspond with description
- Not prevented even they are selected by buyer
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SOGSA description
- s3
- Implied condition about transfer by drscription
- Goods will correspond with description
- Not sufficient only correspond with sample but not correspond with description
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Satisfactory SOGA
- s14(2)
- Implied term about quality or fitness
- NO implied term about quality or fitness EXCEPT
- Sell goods in course of business, there is implied term of satisfactory quality
- Goods are of satisfactory quality if they meet standard of reasonable person regard as satisfactory, taking a/c of description, price & other relevant circumstances
- Quality include
- - fitness for all general purposes
- - appearance & finish
- - freedom from minor defects
- - safety
- - durability
- Will NOT extent to UNSATISFACTORY if
- - specifically drawn the buyer's attention B4 contract
- - buyer examines goods B4 contract, ex ought to reveal
- - sale by sample, have been apparent on reasonable examination
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Satisfactory SOGSA
- s4(2)-(3)
- Implied terms about quality or fitness
- NO implied condition or warranty abt quality or fitness EXCEPT
- In course of business, there are implied condition
- - of sat. quality if meet standard of reasonable person regard as satisfactory
- NOT extent to UNSAT if
- - specifically drawn to transferee's attention b4 contract
- - transferee examines goods b4 contract
- - transferred by sample, have reasonable examination of sample
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Fitness SOGA
- s14(3)
- In course of business, buyer expressly or imply make known to the seller any particular purpose for goods being bought
- - implied term goods are reasonably fit for that purpose, EXCEPT
- *buyer does not rely
- *unreasonable for buyer to rely on the skill or judgement of seller
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SOGSA fitness
- s4(4)-(6)
- implied term of fitness for purpose
- in course of business, transferee expressly or imply makes known to transferor any particular purpose for goods being bought
- - implied condition, reasonably fit for that purpose, EXCEPT
- *transferee does not rely
- *unreasonable for him to rely on the skill & judgement of transferor
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SOGA sample
- s15 sale by sample
- bulk correspond with sample in quality
- Free from any defect which NOT be apparent on reasonable examination of sample
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SOGSA sample
- s5 transfer by sample
- Bulk correspond with sample in quality
- Have reasonable opportunity of comparing bulk with sample
- Free from any defect which not be apparent on reasonable examination of sample
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UCTA 1977 sale & hire purchase
- s6 sale & hire purchase
- liability for breach of title SOGA s12, CANNOT be excluded or restricted by reference to any contract term
- against a person dealing as consumer, SOGA s13-15 cannot be excluded or restricted by any contract term
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