An implied term under the Acts is that the seller of the goods must have the right to sell the goods: Sale of Goods and Supply of Services Act Essay, DCU, Ireland
| University | Dublin City University (DCU) |
| Subject | Sale of Goods and Supply of Services Act |
- The Right to Sell Goods
- An implied term under the Acts is that the seller of the goods must have the right to sell the goods.
- The seller must be the owner of the goods or have permission from the owner to sell on their behalf
- Where goods are bought by a consumer and the seller does not have the right to sell goods, the consumer is entitled to a full refund or damages.
- This term applies even where the seller is unaware they did not have a good title and a right to sell the goods e.g. if previously bought a stolen good.
- Goods Must Correspond with Sale Description
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- Where goods are sold by description, there is an implied term the goods must match that description.
- Where there is a breach of this term, the consumer is entitled to a full refund.
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- Even in cases where there was a breach but this breach did not reduce the value or quality of the goods.
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