Introduction
The Sale of Goods Act of 1979 is a law adopted by the UK Parliament to ensure the protection of consumer rights and business contracts. In this work, I examine its origins, scope, structure, key principles, connections with other laws, and amendments.
Background
The Sale of Goods Act of 1979 was preceded by The Sale of Goods Act of 1893. It regulated trade contracts and determined the rights and duties of the selling and buying party. While honoring the principles mentioned in a trading contract, the Act focused on those rights and responsibilities that were not explicitly stated in a contract (“Sale of Goods Act, 1893” 1-26).
The Scope of the Original Act of 1979
The new Sale of Goods Act was adopted by the British Parliament in 1979 after it was decided that the existing legislation does not address consumer rights and cannot protect consumer interests in their entirety. The new Act was far more universal than the old one: it integrated the contract law of England and Wales based on Lex Mercatoria and the UK commercial law, as well as it included the positions of the former Sale of Goods Act. It was not only regulating business contracts but also protecting consumer rights (“The Sale of Goods Act” par. 1).
The original Sale of Goods Act of 1979 provides protection to consumers and buyers who sign contracts for goods supply. Under the Act, a buyer is guaranteed high-quality, sustainable goods that correspond to the standards existing for this kind of goods. The Act regulates the name of the goods, the correspondence of their features with the initial description, the quality of goods, their fitness for the stated purpose, and the actions regarding goods sold in sample (“The Sale of Goods Act” par. 2-3).
The Act allowed consumers to sue retailers in case if a purchased item did not correspond with the requirements stated in any section of the Act. However, the Act did not and does not apply to manufacturing. In case the sold goods violated the Act, a consumer could sue the retailer (the company that sold the item) but not the manufacturer (the company that produced the item) (“Sale of Goods Act” par. 9-13).
Structure
The original Sale of Goods Act consists of the Introductory Text, seven parts, and four schedules. Part I specifies the contracts to which the Act applies. Part II explains how a contract should be formed. Part III states what effects a contract has. Part IV explains what rights and duties a buyer and a seller have. Part V discusses the rights of an unpaid seller. Part VI explains the rights and responsibilities that follow the breach of a contract. Part VII contains supplementary information, and the schedules contain the modification of the law to certain contracts, the amendments, repeals, and savings ) (“The Sale of Goods Act 1979” 1-38).
Key Principles
The Sale of Goods Act declares that all goods should correspond to their description, be of satisfactory quality, and be suitable for their purpose. The latter means that an item fits its general purpose (a printer fits for printing documents) and for the purpose stated by the customer at the moment of purchase (the customer named the model of their computer and asked for a printer that would work with that computer). In addition, the Act requires retailers to ensure that the product corresponds to the title (if the title is “printer,” it should not be a scanner) and that the sample displayed in the store should be the same as the sold items (if a customer points at a sample printer on display, they should receive exactly the same printer after purchase). The same applies to the description in a brochure.
If a good is faulty, a customer has a right to return it and get a refund under the Act. In case if the argument ends up in court within the time frame of six months, it is the task of the customer to prove that the good is faulty. After a six-month period, it is the responsibility of the retailer to prove that the good was not faulty.
Furthermore, the Act protects both sides from an illegal breach of the contract and establishes responsibilities of buyers and sellers for such a breach and the remedies for non-guilty side (“The Sale of Goods Act 1979” 1-38).
Overall, the original 1979 Act both protects consumer rights and secures business contracts. It is this duplicity that makes it different from the Act of 1893.
Amendments and the Connection with Other Laws
In 1982, the Parliament adopted the Supply of Goods and Services Act that complied with the Sale of Goods Act in protecting consumer rights and trade contracts (“Supply of Goods and Services Act 1982” par. 1-20). The Act of 1979 has undergone serious amendments in the 1990-s. For instance, in 1994, it was amended to reject market overt – a medieval English rule that regulated the ownership of stolen goods. In October 2015, the Consumer Rights Act has become the primary law regulating consumer rights protection (“Consumer Rights Act 2015” par. 1-6). From this time, the Sale of Goods Act serves for securing business contracts but not for protecting consumer rights.
Conclusion
The Sale of Goods Act of 1979 was initially meant to protect consumer rights and secure business contracts. It contained specific requirements to goods and established the rights and duties that arose after signing a contract. Being partially replaced by the Consumer Rights Act of 2015, it now serves only for protecting contracts.
Works Cited
Consumer Rights Act 2015 2015. Web.
Sale of Goods Act, 1893. n.d. Web.
Sale of Goods Act 1979. n.d. Web.
Sale of Goods Act. n.d. Web.
Supply of Goods and Services Act 1982. n.d. Web.
The Sale of Goods Act. n.d. Web.