Saturday, October 19, 2019
Issues In Internet Sales Law Essay Example | Topics and Well Written Essays - 3000 words
Issues In Internet Sales Law - Essay Example Section 14(2) of the Act states that ââ¬Å"where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the Act are of satisfactory qualityâ⬠1 unless existing defects are specifically bought to the buyerââ¬â¢s attention before the purchase or the buyer has the opportunity to examine the goods before purchase. In this case, Chris has not had the opportunity to examine the goods before purchase; there is an implied condition that the goods are in merchantable condition. In further defining what constitutes a ââ¬Å"satisfactory qualityâ⬠of the goods as defined under the Act, Section 14 (2A) of the Act states that ââ¬Å"for the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods: (a)fitness for the purposes for which goods of the kind in question are commonly supplied (b) appearance and finish (c)freedom f rom minor defects (d)safety and (e) durability.â⬠2 The Sale and Supply of Goods to Consumer regulations 2002 also requires that in defining quality, factors to be taken into consideration also include ââ¬Å"public statements on the specific characteristics of the goods made about them by the sellerâ⬠¦..particularly in advertising.â⬠3 Applying this in the case of Chris, the seller has advertised the pot ââ¬Å"sold as seenâ⬠and ââ¬Å"in good conditionâ⬠for its age. On this basis, the photograph is the criterion for judging the quality of the goods, as well as the sellerââ¬â¢s public statement that the pot is in good condition. However, the goods in question which have been purchased appear defective, because there are some cracks in it which are older and filled with dirt, thus indicating that they have not been recently acquired during the process of transit. Since the goods have been received with a number of chips and a cracked base, it is not suitable for the
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