Interpreting S. 13 of the Sale of Goods Act 1979

Abstract

The Sale of Goods Act, 1979 (the Act) was incorporated in 1979 to provide traders ease of business transaction. Contracts Act was not the only possible means of regulating relationship between buyer and seller and the Act was introduced to provide additional protection to consumers and purchasers. However, before introduction of statutory law, common law was the main guiding force for business transactions. With the introduction of the Act, sellers and buyers could engage in trade with specific guarantees regarding the quality and standard of the goods supplied.

However, Section 13 of the Sale of Goods Act, 1979 has created more trouble than solution to trade relations between sellers and buyers. According to Section 13(1) of the Act, when there is a contract for sale of goods by description, there is an implied term or condition attached to the contract regarding the correspondence of the goods with the description.

Keywords: sale of goods act 1979, section 13 sale of goods act, breach of term, sale of goods by description, implied warranty, implied condition for sale, exception from sale by description, compliance with description