Selling Square pieces to go in Round Pegs

During the War, the British Purchasing Commission was impressed by the stated performance of an American fighter aircraft called the Airacobra. Made by Bell, this fighter aircraft promised to challenge German dominance of the skies over Europe.
Unfortunately, Bell did not tell the Commission that the figures given about the Airacobra’s performance were based on a prototype. One that lacked most of the features intended for production examples.
The finished product, unsurprisingly, did not match the prototype’s performance, and the Airacobra was quickly dropped by the RAF.
The Sale of Goods Act 1979
Now, it is doubtful those drafting the Sale of Goods Act 1979 had this particular example in mind when crafting the statute, but it does illustrate the need, for a business, to consider two factors when buying or selling goods:
1. That the goods sold are fit for their intended purpose;
2. That the goods sold match any description given, or any sample provided, to the buyer.
If the goods delivered fall foul of either of these provisions, the buyer may be entitled to reject the goods, or seek damages.
Considering this, it’s worth bearing in mind that what constitutes being fit for an intended purpose will not necessarily be covered by providing goods of satisfactory quality. A door with no window panes is of satisfactory quality so long as it will open and close. If the buyer said they wanted window panes, even if just for effect, and you deliver a door without window panes, that door will not be fit for its intended purpose.
Similarly, if the buyer is shown a door with window panes as the sample, or a description of what will be delivered, they will be expecting doors with window panes. Delivering doors without window panes then, could amount to misrepresentation if the buyer can show they entered into the contract based on seeing a door with window panes and expected that to be delivered.
The Right to Examine Goods
The SGA also gives buyers a reasonable amount of time to examine goods they have bought, prior to accepting them. Consequently, any seller needs to give a buyer a sufficient amount of time to check for any defects, whether missing parts, or damage, which may be present in the goods.
Only when buyers have had a reasonable amount of time to inspect goods, will they be deemed to have accepted them.
While the SGA does not provide a definition of what is reasonable, simply dropping off goods on the buyer’s door, all sealed up and impossible to immediately inspect, will not amount to a reasonable time.
Other Considerations
The SGA contains many other provisions. Too many in fact to do them justice in a short article like this.
Our experienced team however is more than familiar with these provisions. If therefore you find yourself, as either a seller or a buyer, in dispute over goods bought or sold, then our door is an ideal first stop on the road to resolving the issues you are experiencing.

To discuss any litigation matter, please contact Liam Fitzgerald or Gareth Wood on 02476 231000