Sale Contracts It is preferable that a sale contract is set out and recorded in writing. This is not essential in most cases, but it is desirable from the perspective of proof of the fact and terms of the agreement and the incorporation of the trader’s terms. The recording in writing of the terms of the contract removes or at […]
Passing of Risk The Sale of Goods Act provides that the risk in respect of the goods passes with the property unless otherwise agreed. Ideally, the buyer would wish to ensure that the risk does not pass until delivery. In consumer contracts, the risk does not pass until delivery under EU derived law In business to business contracts, the buyer […]
Terms and Conditions of Purchase The buyer may seek to apply its own terms and conditions to the sale contract. A “battle of the forms” may result. Ultimately, it is a matter of contractual interpretation as to which terms and conditions form part of the agreement. No blending of conditions is undertaken by the court. The court analyses the entry […]
Consumer Contracts Contracts between businesses /traders and consumers raise most of the same issues as those between businesses. Most of the provisions of the Sale of Goods Act apply equally to business to business sales and to business to consumer sales. Over the last 40 years, a significant body of consumer law has developed which profoundly affects both the content […]
Intellectual Property and Confidential Information Intellectual property may be a relevant feature in many commercial contracts. An entity may develop its own IP such as software or technology and license it to third-party users. The scope of intellectual property and the terms of consent to its use should be set out. There may be an acknowledgement of ownership of intellectual […]
Description I The Sale of Goods Act provides that a description applicable to goods is a contract condition. Therefore, its breach entitles the other party to terminate the contract and recover damages. The description identifies the goods as such. Generally, statements in relation to the quality of the goods are covered by the implied statutory conditions as to quality rather […]