Breach of Contract questions

If you find yourself dealing with a question where there is a breach of contract you will obviously deal with the breach of an express terms that are mentioned in the question. However, bear in mind that you may need to identify any statutory implied terms as well. In doing so, it is important to make sure that you use the correct Act – Sale Of Goods Act 1979 for sale of goods and Supply of Goods and Services Act 1982 for supply of goods and services. If you buy a new washing machine from "Washing Machines 4U" it is SOGA 1979 but, if "Wicked Washers" send a man round to fix your washing machine it will be SOGAS 1982 (the supply of any parts is also covered by SOGAS 1982).

 

Key implied terms:

SOGA 1979

  • S12 good title
  • S13 as described
  • S14(2) satisfactory quality
  • S14(3) fit for purpose
  • S15 same as sample

 

SOGAS 1982

  • S13 services should be carried out with reasonable care and skill
  • S14 …within a reasonable time
  • S15…and if price isn’t mentioned it is implied that a ‘reasonable’ price will be paid

 

SOGAS 1982 also covers the same points as SOGA 1979 (title, as described, satisfactory quality, fit for purpose and same as sample) in respect of any goods supplied as part of the deal.

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