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International Trade Law

Name

Course

Date
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International Trade Law

Introduction

The “Sale of Goods Act 1979” controls the English law transactions mainly between the

purchaser and the seller of goods. Consequently, the law also applies to contracts that involve

the transfer of property in goods or even in an agreement of transferring consideration in terms of

money. Under section 13, (SOGA 1979) where goods are specifically sold by descriptions, the

implication under this condition is that the goods will mainly reflect the description.

Subsequently, section 14 also states that the seller of those goods must thus ensure that the goods

are of satisfactory quality and they also fit for the intended purpose. That is goods daily purpose

as well as other purposes that were particularly agreed between the buyer and the seller.

However, the buyer is required to make a claim under “SOGA” especially where the goods fail

in meeting the prerequisites of the satisfactory quality and also fit for the intended purpose.

Relevance

Section 15 mainly deals with those goods that are mainly sold particularly by sample and also

which state that of an implied term in which the goods will thus correspond with the sample

quality. Thus, it is necessary for the goods that were sold by description to correspond with the

given description under section 131 .Therefore, goods are mainly sold by descriptions

particularly when the purchaser is relying on the description that was given by the seller since the

buyer has not yet seen the goods. However, the sale of goods is regarded as one of the most

common transaction, quality as well as the utility of goods in sales contracts. Consequently, the

sale of goods is also considered to be significant to everyone who is particularly involved in the

purchase or the sale of goods consistently. Common decisions on the law that initially covered
1
Bridge, M. G. (2017). The international sale of goods. Oxford University Press.
 3

the quality of goods were considered to be inadequate in the face of the dynamic economy. The

United Kingdom was further introduced to update thus resulting in the statute.

Therefore, the modernized “Sales of Goods act of 1979” thus aimed at controlling the connection

buyer and the seller of good. The act mainly applies throughout all the contracts in which “the

seller transfers or either agrees to transfer property in term of goods to the buyer for the money

consideration termed as price.” Under this case goods are described as all the corporeal

moveable excluding money. However, the key provision of the Act is mainly stated as the

implied terms that are contained under sections 12 and 15 and that particularly cover the title,

satisfactory quality, sale by description, sale by sample, as well as the fitness of the purpose. The

implied term thus mainly tends to protect the buyer of goods are thus the conditions that are in

the contract of sale where it is so obvious that the seller is not required to put them down in the

contract. For example, when an individual buys a water bottle, it is thus clear that the tore own it,

there will be a transfer of ownership from the store to the individual.

The “Sale of Goods Act” has regarded as the cornerstone of the Irish sale law for a century.

Thus, the durability of this Act is due to its two principal factors. Firstly, many of the Sale of

Goods Act provisions mainly take the form of the default rules. Thus, as it was initially enacted,

the Act mainly gives the contracting parties free hand of waiving, or it sometimes alters the

terms that are mainly introduced in sale contracts 2 . Although, following an amendment that was

made in the 1980s Act, the Act cannot be altered in case of the consumer sale, and thus it can

only be altered particularly when it is reasonable as well as fair especially in commercial sales.

However, this legislation also entails a substantial degree of latitude to commercial contract

parties. Secondly, in ensuring that unless it is consistent with statutory provisions. Therefore, the
2
Yan, M. (2011). Remedies under the Convention on Contracts for the International Sale of
Goods and the United Kingdom's Sale of Goods Act: A Comparative Examination. City UHKL
Rev., 3, 111
 4

common-law rule has thus persisted to apply in s sale contracts. Consequently, the Act of 1893

ample the space of evolution of the sales law concerning the general development of common

law that mainly relates to obligations.

The initial amendment of the 1893 Act had to wait for the Sale of Goods passing and the Supply

of Services Act back in 1980. The main purpose of this enactment was for strengthening the

protections that mainly viable to consumers. Despite the Act of 1980 being a progressive piece of

legislation in various respects, it mainly took additional forms as well as the amendment to the

Act of 1893 instead of its repeal as well as replacement.

Understanding

Under the description of the 1893 Act especially that of “goods” mainly govern the legislation

scope. Thus, the wording of “goods” description all chatter personal than things in money as well

as the action that is obscure or archaic. Under section 13 of “Sale of Goods”, the seller mainly

describes the contract of good in a particular way such as “black leather jacket” thus, the buyer is

that entitled in receiving goods that mainly conform to this kind of description. Thus, if a brown

leather is supplied by the seller to the buyer, he or she would be under breach of an obligation

that is under section 13. However, it should be appreciated that there is nothing wrong with the

brown jacket if only it is not defective, however, it not what was ordered by the buyer under the

terms of the contract. Thus, the seller has committed the material breach of the agreement.

Consequently, section 13 of the Sale of Goods Act does not particularly address damage issues

or any defective goods. Additionally, the section does not also address the issue of goods that

are not fit for their intended purpose. Therefore, such issues are mainly treated as the breach of

Section 14 of the Sale of Good Act. Another example is when a defender advertises the second

hard car in the newspaper for sale. The car is described as “1961 Triumph Herald 1200.”
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Consequently, the seller was termed to be in good faith particularly when he applied this kind of

description to the care that is now our goods. However, in response to the seller advert, the

plaintiff went to see the car with the 1200 figures. He even went ahead and bought the car.

Latter, the pursuer discovered that only the rear of the car was of the 1961 Triumph Herald 1200.

Actually, the front of the car was that of 948 Triumph Herald that was welded to the rear of the

car. Consequently, the welding was regarded as unsatisfactorily, and also the car was said to be

in danger as well as completely un-roadworthy.

The pursuer’s claim for damage mainly based under Section 13 of the Sale Act of 1979 was thus

successful. Thus, the pursuer had thus lied on the description that was contained in the advert as

well as on the metal badge on the car’s rear. Thus, the sale can be regarded as one description,

and thus there was no difference that the buyer had seen as well as examined the vehicle before

making the sale contract with the seller.

Therefore, it is paramount to note that, for the buyer to succeed in any type of claim under

section 13 of Sale of Goods Act, he or she must thus show that he or she relied on the

descriptions of the seller on goods. Thus, it may not good to say that, the seller mainly uttered

some misleading statements, particularly when describing goods. That statement must thus

influence thus the buyer. However, if the seller may prove that, the buyer did not rely on or he or

she was not influenced by good descriptions thus, there will be no any breach under section 13 of

Sale of Goods3. So, if the buyer decided to commission his expert in verifying antique

authenticity to which the seller had applied on the description, then by mainly doing so, it is thus

perfectly obvious that the buyer was not prepared in accepting the statement of the seller or his

or her description at the face value. In a nutshell, the buyer did not rely upon or he or she was not

influenced by the description of the seller on goods. However, if the expert may wrongly state
3
Baker, J. (2019). Introduction to English Legal History. Oxford University Press
 6

that, the vase was from the late “Ming Dynasty “period, the buyer will thus proceed in

purchasing the good. Thus, it was not the description of the seller that swayed the buyer but the

expert appraisal that was appointed by him or her in verifying the authenticity of the item.

Therefore, the buyer should thus pursue the expert mainly for damage and not based on the

contractual duty of care of the seller but by the expert to the buyer.

Under section 13 of the Sale of Good Act, it provides that, in case of the contract of sale of goods

by description, there is an implied condition that states that, the goods should correspond with

the description. However, the interpretation by the court merely states as an implied term of the

obligation that mainly central to the contract as the express term that states the delivery of the

goods under the contract. However, the buyer is not under any duty of examining the good

before entering into the contract. However, if the buyer chooses to examine the goods then he or

she will not be permitted to make any claim under section 14 of the sale of Goods Acts.

Consequently, the description that is applied to goods mainly by the seller, as well as the price

paid mainly by the buyer of the good, can thus help in determining any breach of quality under

section 14. Additionally, section 14 is also concerned with a scenario where the buyer mainly

relies expressly on or even impliedly on the expert knowledge of the seller in relation to the

goods. If the seller good in the course of the business while at the same time, the buyer thus

makes known to the seller any certain purpose in which goods are bought. There will be an

applied condition that states that, the goods supplied under the condition reasonably fit for the

purpose it was intended purpose whether or not, that is the common purpose in which the goods

were supplied. Nevertheless, section 14 does not apply if it was mainly obvious form the contract

circumstance that the buyer had chosen not to rely upon or it was unreasonably for the buyer to

depend on the judgment or the skill of the seller. However, there are some situations where the
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buyer may be more expert when compared with the seller or he or she has certain instructions

concerning the goods that are to be supplied under the sale contract.

There is thus no need of the buyer thus to spell out to seller about a specific purpose that the

goods were bought for in the ordinary way of thing. However, if ordinary goods are mainly

required particularly for a given purpose, it thus must be made known to the seller if the buyer

can bring any successful claim based on section 14 at any point in the future. In a nutshell, in

the case where the seller sells the goods in the business course and at the same time the buyer

thus make known to the seller of any specific purpose which the goods are being bought for,

there is thus an implied condition of the good supplied under the contract as reasonably fits for

the intended purpose.

Consequently, if the ordinary goods for everyday use are mainly required for a specific or

unusual purpose, that has to be made known to the seller if the buyer is by any chance will bring

a successful claim under section 14 at a future point. If the sale also involves the sale of goods

that are in their natural state for example if the good has not yet undergone any manufacturing

process, the buyer is thus entitled to presuming that, the good still meets satisfactory requirement

quality in connection to section 14. Thus, the buyer can thus, rely on the skills of the seller as

well as his or her expertise in selecting such kinds of goods or item of section 14. Thus, the

sellers, as well as producers of the organic food products, thus have to be careful. However, an

extremely good in their natural state should thus comply with all the requirements of fitness for

the intended purpose.

Structure and organization

The Act of Sale of Goods mainly regulates the sale of goods in the United Kingdom and it also

imposes some cultural terms that are provisions thus forming a part of the contract sale.
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Therefore, there are various implied terms that are codified on the SGA; quiet possession,

freedom from encumbrance as well as charges. Consequently, there are also correspondences

with quality, description as well as fitness for correspondence and the purpose with the sample.

These kinds of implied terms have thus be put in place that works in favor of the buyer.

According to sale by descriptions that under section 13 mainly state that, the description should

be adhered to when the sale contract is particularly made and that the goods will thus correspond

with the descriptions that are given. Thus, under section 13 of the SGA, the terms thus imply to

those conditions4. Thus, the term thus allows the party thus to terminate the contract, uphold, or

even claim the contracts. These conditions will thus apply to the seller selling goods whether in

course of business or not and also in a situation where the buyer has not seen the good but he or

she is relying on the description of the seller alone. The sale of goods by descriptions does not

have any statutory definition and it thus significant to look at the plain ordinary meaning of the

word. Therefore, the word should thus correspond with the description given in the time of

making the contract by either the seller describing goods or any written description such as

display signs or packaging. However, if goods are not ascertained, then the description will thus

be significant to the buyer in determining whether the seller has fulfilled his or her obligations by

supplying the right goods.

Descriptive words are thus terms of contracts that are used in identifying goods that are

concerned. Thus, this kind of description should thus have sufficient influence in sales for it to

be a significant term of the contract. One of the ways which thus sale description thus benefits

the buyer is if the goods purchased from the seller fail to correspond with descriptions. Thus, the
4
McKendrick, E. (2014). Contract law: text, cases, and materials. Oxford University Press

(UK).
 9

buy will be in a position of claiming the bleach section 13. Consequently, if the buyer is dealing

as the consumer he or she will thus be entitled to request that the seller replace or repair the

goods. Thus, the seller must, therefore, do that in a reasonable time. There is thus no

inconvenience caused, and thus working to the buyer’s advantage as not wasted time in the

replacement or in the repairs of goods thus allowing the buyer to enjoy full benefits of good as

soon as possible.

A sale cannot be by description solely because the descriptive words were mainly applied

during the negotiation for it mainly to be by description. Thus, the buyer relies merely on the

words during the making of the contracts. An example where sale by description may mainly

benefit buyers is Ronaason versus Arcos of 1993. In this example, the wooden staves supplied

did not correspond with the description that was given, though the description was still useable.

Therefore, the buyer was thus entitled in rejecting the saves since he or she relied mainly on the

description to which the seller breached the term that was applied. Additionally, section 14 also

contains the implied term that refers to the quality of the good concerned 5. Thus, the section thus

purports that, whenever the seller sells goods in course of business, there is thus an implied term

that the supplied goods under the contract are satisfactory in terms of quality. The satisfactory

quality was initially known as the merchantable quality that meant that goods were sealable

under the given contractual description. However, the merchantable quality was thus replaced

by the Supply as well as the Goods Acts that mainly amended section 14. In a nutshell,

satisfactory quality thus includes fitness purpose, durability, safety finish as well as the

appearance, and it finally freedom from the minor defects. However, the term satisfactory
5
Wagner, M. (2014). Regulatory Space in International Trade Law and International

Investment Law. U. Pa. J. Int'l L., 36, 1.

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quality is thus implied as a condition. However, if the goods that were supplied failed in

conforming to the implied term, then bleach is thus established.

Consequently, the establishment of the breach will enable the buyer to have the right of rejecting

goods, claim damage as well as the right of ending the contract. Moreover, a buyer who does no

examine goods before the making of the contractual agreement will tend to be in a position

stronger when compared with a buyer who inspected or examined goods. Though that may be

strange it may simply impact section 14. Therefore, the buyer should thus either not inspect the

goods which he or she intends to buy or if examining them he or she must then do it thoroughly.

This may not work in favor of the buyer who is willing to buy the good and who want to check

it. Yes, it may be possible for them to miss the defect during the inspection. This can happen

particularly in the situation where the buyer will have to inspect the good externally,

mechanically, or even internally. However, if the goods that were bought meet the conditions or

the description that a reasonable individual would thus consider it satisfactory, thus taking any

description into account. Therefore, price, as well as all the relevant situations, will be thus of

satisfactory quality.

Analysis and evaluation

The sale of goods involves a very simple procedure in which the seller transfers the product

ownership to the buyer into consideration for payment. The latest or 19 century Act mainly

deals with issues that particularly from “sale by description” in the abscess of the prior

agreement between the contract parties. Therefore, according to what was resolved by the court

and the parliament, a promise in the contract law thus holds great significance. Therefore, based

on the seller promise to the buyer that particular goods will be of specific description, thus

failing to abide by guarantee mainly concerning the explanations of the item, will result in the
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contract breach thus allowing repudiation as well as possible compensation 6. The act also

provides a balance of the bargaining power between the buyer and the seller. Thus, the Act

guarantees the buyer to receive goods that replicate information provided by the seller, and also

the seller will receive payment particularly for performing the term implied and stipulated with

the contract. Sale by description concept is thus set out in section 13 of the Act. Subsection one

thus imposes an implied condition mainly on the seller that goods will, therefore, correspond

with the description. The act will thus only apply in circumstances where the buyer has not

inspected or seen the product he or she is intending to purchase and have thus proceeded with the

sale base on a reasonable inspection of the parties regarding how they portray the item to look.

Under section 13, the buyer is thus dependent upon the good being of the exact description that

was given by the seller. Sale by description is thus perceived as thus including refusing

inspection of goods by the buyer before making the payment as they wound not be wholly reliant

on the description of the seller 7 . Thus, sale by description creates uncertainty as to whether all

the language that was used by the seller offers the interpreted buyer with the virtual picture of the

goods and mainly be against them so that it can succeed with a claim under section 13. Thus, a

particular case may thus contradict what is under the Act thus permitting the buyer who has seen

the goods even before purchasing, thus successfully depending on sale description. Thus,

according to the court, despite the buyer seeing the goods in advance before buying, the

description of the buyer does not resemble the one that was provided in the advertisement. The

fact is that the description that was provided by the seller regarding a particular car model that

the buyer heavily relied on, upon the visiting as well as observing it. The buyer then purchased

the model of the car based on the seller description but after, he or she found that, the item was a
6
Davies, W. (2015). The happiness industry: How the government and big business sold us well-
being. Verso Books
7
Yarar, A. I. (2016). Conformity of Goods in International Sales Under CISG and English Law
 12

combination of two totally different models. Therefore, it seems that the buyer thus ought to

have formed his or her own description of the car and he was unable to depend upon the

description provided by the seller.

In the buyer's judgment, the buyer thus specified a sale by description though the buyer

saw the car even before purchasing it. He thus stated that “the good sold be description as long

as it is not merely sold as a particular thing but as a something that corresponds to a specific

description is thus accepted under the claim of sale by description. Thus, the buyer thus relied on

the description that was given by the seller and not as anything they had seen when they initially

reviewed the car and entered into the contract. The difficulty thus arises in regard to the reliance

upon the description of the goods if the seller did not hold satisfactory expertise 8 . Analysis of

the court thus suggests that buyers will not thus succeed with the claim based upon the good not

being that as they are described if they do not exclusively rely on attribute given by the seller.

In the case of misrepresentation, it is the opposite of sale by the description. Misrepresentation is

thus described as a false statement of fact that mainly induces a party to agree mainly to their

detriment9 .The Act of Misrepresentation under section 2 is thus a circumstance where the party

has mainly agreed due to misrepresentation as well as a result has thus suffered a loss that they

may claim for the damages. However, if this act of misrepresentation was not made fraudulently,

8
Garcia, F. J., Ciko, L., Gaurav, A., & Hough, K. (2015). Reforming the International

Investment Regime: Lessons from International Trade Law. Journal of International

Economic Law, 18(4), 861-892.

9
Pauwelyn, J. H., Guzman, A., & Hillman, J. A. (2016). International trade law. Wolters

Kluwer Law & Business.

 13

and the individual has a reasonable ground especially when the contract was concluded, then the

facts that were represented in this is thus true and it will then be taken into account when

assessing the claim of misrepresentation.

Consequently, has its own disposal option of giving the purchaser or the buyer the right of

rejecting the goods as well as make any claim of the damage from the loss under the act. It can

also allow them to continue with the damage that is claimed as misrepresentation 10 .However,

contrasting the sale of description by misrepresentation, it would thus seem logical that the claim

under section 13 of the Act will thus prevail. The Act mainly targets the contract's roots thus

enabling the buyer to rescind the contract as well as claim damage for the loss as a result of the

seller being in the breach. Moreover, misrepresentation also considers a certain part of the

contract that may be false.

Lord Diplock also provide extra information on sale by description, he stated that identification

is mainly what constitutes the description. It must, therefore, be considered whether it is either

fair or just for the buyer to reject the goods they have mainly received based on the goods not

corresponding mainly to what was described. However, in the case where the e-commerce, as

well as the internet, are growing at a considerable rate, the buyer can thus place a prodigious

reliance upon the description of the sale.

Under subsection two of the Act, the goodwill thus matches the sample received mainly by the

buyer, but excluding condition where the buyer was notified by the seller of any differences of

good with the sample before the completion of the contract between the parties. In the recent
10
Garcia, F. J., Ciko, L., Gaurav, A., & Hough, K. (2015). Reforming the International

Investment Regime: Lessons from International Trade Law. Journal of International

Economic Law, 18(4), 861-892.

 14

law, the consumer rights Act of 2015 works still with section 13 to support the seller. The law

thus states that the buyer or the purchase will not in a position of discarding goods if the seller

may demonstrate the possible breach of sale by description is thus unreasonable for rejection.

Therefore, where there is a sale by description, it is thus not sufficient for the bulk of goods to

match with the sample if the sale does no rely much on the provided description. The law state

that, the difference in term of description is very remote and the buyer will not thus benefit from

the condition that gives them the option of rejecting the goods as well as claiming damage form

loss to only suing of the possible compensation by warrant 11. However, reasonableness is thus

significant especially when considering how the sale is interpreted by description. Though, the

practice significant by description is that it only places a condition into the contract thus allowing

the consumers to reject that they received if only it does not match with the description.

The United Kingdom thus enforces huge responsibility for the seller to protect the buyer. It

would thus be unjust in prohibiting the buyer from receiving what they have purchased on the

release description so as to receive something they would not have constructed to look in a

particular way and thus the Act work as a shield. Thus, in a nutshell, we can say that sale by

description thus offer support as well as protect buyers in the sale of a good contract.

Section 19 deals with the sale of the specified property and it thus states that specific or

ascertained goods then they are mainly intended to pass12 .Under this section, we have

subsection, the first subsection, it states that in case of a contract of sale of specified or

ascertained goods with a clear mention of the parties to the contract thus intend to transfer

property, and thus the property should thus be transferred exactly at the time mentioned in the

11
Ferrari, F. (2017). Sale contracts and sale of goods. In Encyclopedia of Private International
Law (pp. 1589-1595). Edward Elgar Publishing Limited
12
Weatherill, S. (2013). EU consumer law and policy. Edward Elgar Publishing.
 15

contract. The second subsection talk of the cases that are mainly considered in the transfer of

specified goods such as contact terms, parties' conduct, and the circumstance of the case as well

as the intention of the parties.

Consequently, section three also entails the rules of ascertaining the intention of the parties. The

intention is thus based on the time in which the properties in terms of goods will thus pass to the

buyer. Therefore, section 20 thus related to Specific goods that are deliverable under certain

states. The section thus states that, if the contract is thus unconditional for sale of specific goods

in a deliverable state, then the property of goods passes to the buyer the moment the contract was

made. Therefore, the rule holds true even if the delivery or the payment of the price is both

postponed. For example, if peter goes went to the electronic store and buy a television set, then

he asks the shopkeeper to deliver to his house, and the shopkeeper agrees. Then the television

thus becomes peter’s property.

Specifics goods are mainly to be put into a deliverable state, for example, in the contract of sale

of goods, especially where the seller has to do something before the goods are ready for delivery
13
.In this kind case, the passing of the property thus happen only after the seller has does his or

her things and then inform the buyer. For example, when buying a laptop from the electronic

store and then ask for home delivery. The seller agrees to it. However, the laptop does not have

an operating system of the Window installed. The seller then promised to install it and he or she

called Peter making the delivery. In this kind of case, the property transfer to Peter is only after

the seller has installed the operating system making the laptop to be ready for delivery.

13
Ng, C. W. (2016). The law of passing off–goodwill beyond goods. IIC-International

Review of Intellectual Property and Competition Law, 47(7), 817-842.

 16

Specific goods are therefore in a deliverable state but the seller is required to do

something so that he or she can ascertain the price. This may happen when goods are in the

deliverable state but the seller has to do something like weight, test, measure, or else perform any

other act on the property so as to ascertain the price of the goods. Therefore, in this kind of

scenario, the property does not pass until the act is done and the seller has informed the seller.

Consequently, if the contract of sale is of unascertained goods, then the goods cannot pass to the

buyer unless t the goods are ascertained. For example in the case of a contract of unascertained

goods by description, are appropriate to the ether the seller or to the buyer with other party

consent, then the property of the good can pass to the buyer. Therefore, in a nutshell, the consent

can thus be express or even implied and it can be given before or after appropriations are made.

If the buyer also delivers the goods to the carries or to the buyer for the purpose of the

transmission, to the buyer but he or she does not deserve the disposal right then the buyer is

deemed to have unconditionally appropriated the goods to the contract. If the goods are thus

selected with the intended intention of using them during the performing of the contract and also

with mutual consent of the buyer as well as the seller then it can be termed as goods

appropriation.

Uses and Attribution of appropriate material

References

Baker, J. (2019). Introduction to English Legal History. Oxford University Press.

 17

Bridge, M. G. (2017). The international sale of goods. Oxford University Press.

Davies, W. (2015). The happiness industry: How the government and big business sold us well-

being. Verso Books.

Ferrari, F. (2017). Sale contracts and sale of goods. In Encyclopedia of Private International

Law (pp. 1589-1595). Edward Elgar Publishing Limited.

Garcia, F. J., Ciko, L., Gaurav, A., & Hough, K. (2015). Reforming the International Investment

Regime: Lessons from International Trade Law. Journal of International Economic Law,

18(4), 861-892.

McKendrick, E. (2014). Contract law: text, cases, and materials. Oxford University Press (UK).

Ng, C. W. (2016). The law of passing off–goodwill beyond goods. IIC-International Review of

Intellectual Property and Competition Law, 47(7), 817-842.

Pauwelyn, J. H., Guzman, A., & Hillman, J. A. (2016). International trade law. Wolters Kluwer

Law & Business.

Wagner, M. (2014). Regulatory Space in International Trade Law and International Investment

Law. U. Pa. J. Int'l L., 36, 1.

Weatherill, S. (2013). EU consumer law and policy. Edward Elgar Publishing.

Yan, M. (2011). Remedies under the Convention on Contracts for the International Sale of

Goods and the United Kingdom's Sale of Goods Act: A Comparative Examination. City

UHKL Rev., 3, 111.

Yarar, A. I. (2016). Conformity of Goods in International Sales Under CISG and English Law.