Commercial Law
Introduction to the Sale of Goods
We are only concerned with comparing the Consumer Rights Act 2015 with the Sale of
Goods Act 1979.
Fundamentally the Sale of Goods Act 1979 hasn’t changed since 1893, so it has stood the
test of time and there aren’t many faults with it
We are not concerned with Consumer Rights Act 2015: Part 2 on Unfair Terms (although it
has changed Unfair Contract Terms Act slighty), Part 1, chapter 4 on Services
What Constitutes a Sale?
The “gateway” provisions:
Section 2 of the Sale of Goods Act 1979 Section 3 of the Consumer Rights Act
2015
Consumer Rights Act 2015 s.5 defines two forms of a sales contract; which are an
agreement between the TRADER and CONSUMER, specifically:
“Section 5. (1) A contract is a sales contract if under it—
(a) the trader transfers or agrees to transfer ownership of goods to the
consumer, and
(b) the consumer pays or agrees to pay the price.
(2) A contract is a sales contract (whether or not it would be one under
subsection (1)) if under the contract—
(a) goods are to be manufactured or produced and the trader agrees to
supply them to the consumer,
(b) on being supplied, the goods will be owned by the consumer, and
0
(c) the consumer pays or agrees to pay the price.”
(note that there doesn’t have to be payment, only an agreement to pay)
Definition of a trader:
“Section 2. (2) “Trader” means a person acting for purposes relating to that
persons trade, business, craft or profession, whether acting personally
or through another person acting in the trader’s name or on the
trader’s behalf.”
Definition of a consumer:
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Introduction to the Sale of Goods
We are only concerned with comparing the Consumer Rights Act 2015 with the Sale of
Goods Act 1979.
Fundamentally the Sale of Goods Act 1979 hasn’t changed since 1893, so it has stood the
test of time and there aren’t many faults with it
We are not concerned with Consumer Rights Act 2015: Part 2 on Unfair Terms (although it
has changed Unfair Contract Terms Act slighty), Part 1, chapter 4 on Services
What Constitutes a Sale?
The “gateway” provisions:
Section 2 of the Sale of Goods Act 1979 Section 3 of the Consumer Rights Act
2015
Consumer Rights Act 2015 s.5 defines two forms of a sales contract; which are an
agreement between the TRADER and CONSUMER, specifically:
“Section 5. (1) A contract is a sales contract if under it—
(a) the trader transfers or agrees to transfer ownership of goods to the
consumer, and
(b) the consumer pays or agrees to pay the price.
(2) A contract is a sales contract (whether or not it would be one under
subsection (1)) if under the contract—
(a) goods are to be manufactured or produced and the trader agrees to
supply them to the consumer,
(b) on being supplied, the goods will be owned by the consumer, and
0
(c) the consumer pays or agrees to pay the price.”
(note that there doesn’t have to be payment, only an agreement to pay)
Definition of a trader:
“Section 2. (2) “Trader” means a person acting for purposes relating to that
persons trade, business, craft or profession, whether acting personally
or through another person acting in the trader’s name or on the
trader’s behalf.”
Definition of a consumer:
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