Implied terms related to Quality and Fitness 1
Every country has a legislation which specifies a set of laws which are to be followed by every citizen of the country. The current concept in focus is related to the field of business specifically the activity of buying and selling. The concept of implied terms is included in the Sales of Goods Act of United Kingdom which was formed in the year 1979. Every law is formed to safeguard the interests of people and following them is mandatory for public interest. This is important to consider as every person who enters into a contract of purchase and sales with a person has to follow the terms and conditions mentioned in the Sales of Goods Act. This essay shows focus on the terminology usage under these circumstances in order to clarify the concept in a better way.
Implied terms related to Quality and Fitness
The proper understanding of these terms require the clarification of certain legal terminology and the specific purpose of these terms. For this one has to understanding of what an act is and its following implications regarding its terms and meanings.
Act: When the parliament creates a new law or changes a law that already exists, a bill is created which is approved by the responsible parties and once the act is implemented, it becomes the law. (Parliament of UK, 2015)
Statute: A Stature essentially is a written law passed by a legislative body.
Contract: A contract can be defined as an agreement between two people or businesses that commits them both to a course of action.
There are two types of terms which are mentioned in a contract which is usually the procedure under the sales of goods act. There are express terms specified in the sales of goods act and also a set of implied terms.
Express Terms: The terms which are specified clearly in the contract are known as express terms which are laid down by the parties involved in forming the contract.
Implied Terms: The terms which are included in the contract by the court which depend on the nature of the contract or depending on the law defined on the type of contract. Implied terms are of four kinds based on the divisive factor which are: 1) by fact, 2) by law 3) by custom and 4) by trade usage. (Wietzenbock, 2012)
During the course of a trial involving a dispute, the express terms will be the initial point of focus and the express terms will be clarified first. After rigorous inspection, if the dispute hasn’t been cleared out, then the focus is laid on the implied terms of the contract.
• The implied terms in the Sale of Goods Act 1979 are of four categories:
• Implied terms by title: terms to determine who has the rights to the goods.
• Implied terms by description: Terms related to the goods fitting the description of goods.
• Implied terms by sample: During bulk purchase there is necessity to assess a small part of the whole order which is a sample. (Wietzenbock, 2012)
Implied Terms as to Quality and Fitness
The last set of terms are regarding the quality and fitness of group which require proper explanation. These set of terms are made to ensure that the goods being exchanged under the contract are satisfactory according to the buyer. The term quality refers to the fact that terms ensure that the goods exchanged are of desired quality and the term fitness refers to the condition that the goods should fit the requirements of the buyer. (Legislaton of UK, 2015)
An implied condition is that the purchase of goods should be purchased from a shop otherwise it is considered that the buyer has bought the wares not being concerned regarding the quality of the product. There are also conditions included to safeguard the interests of the sellers. If the seller specifies that the goods will not satisfy the needs of the buyer, the buyer cannot argue later. (Legislaton of UK, 2015)
The laws of government are created for safeguarding the right of its citizens and the Sales of Goods Act 1979 is one such element of the law which protects the right off people who engage in the activity of buying and selling in the United Kingdom. The concept under observation is an internal element which is a set of terms underlining the conditions which suggest that the goods sold should of the quality deemed satisfactory by the buyer and should fit the purpose required by the buyer. Understanding the related terms and its true meaning is critical to perceive the concept of implied terms about quality or fitness.
Legislaton of UK. (2015). Sales of Goods Act 1979. Retrieved from www.legislation.gov.uk: http://www.legislation.gov.uk/ukpga/1979/54
Parliament of UK. (2015). Acts. Retrieved from www.parliament.uk: http://www.parliament.uk/about/how/laws/acts/
Wietzenbock, E. (2012). English Law of Contract: Terms of contract. Oslo: University of Oslo.