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Hello Dear Mike
My question is about excluding implied terms.
Can we write in a contract that the implied terms of Sale of Goods Act can not apply? eg, can we exclude the Sale of Goods Act from the contract? Or it is impossible?Thanks
Hi Yellow
No, it is not possible for a person, acting in the course of business, to exclude the Sale of Goods implied terms.
For an individual acting NOT in the course of business,
OK? it is not possible to exclude the term of “the right to sell” ie, a private individual selling his / her car cannot deny the fact that they have the legal right to sell that car. Other terms (like “fit for purpose”) may be excluded
Hello Dear Mike
Thanks for your reply.
I can not understand your meaning by “acting in the course of business” well ? Would you please explain a little more.
For example in the case “L’Estrange V Graucob”, as far as I understood it was possible to exclude Sale of Goods act. but how can I determine it was in the course of business ?!
Or for example when there is term in the contract like :” All implied liabilities are excluded from this contract”, and both parities accept and sign the contract, then is Sale of Goods act excluded or not?Thanks
Hi Yellow
I think I’m correct in saying that L’Estrange v Graucob pre-dated the Sale of Goods legislation which introduced implied terms (it may have been a contributing force in the introduction of the implied term elements of the legislation!)
It doesn’t matter if both parties agree that the implied terms shall not apply – they still apply
Exceptionally (and here I’m talking late in the evening having been for dinner with John Moffat and Admin) where parties are of equal bargaining power and it is normal business practice, it IS possible to exclude liability for loss or damage caused but only in so far as it’s reasonable
OK?dear acca tutors.
my queation is that can you explain me the incoterm fob ,exw,cip.and please can you tell me about a short note of letter of credit.
thanks.If you put “exw” into a search engine – say google – the first item in the list is “Incoterms” and almost immediately below the introduction is a list / menu of all the Incoterms including FOB, ExW and CIP.
Now, if I can do that, why can’t you?
If you still have problems understanding the fruits of your (brief) research, post again.
🙂
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