Sale of Goods Act 1979 builds on previous legislation and uses the Sale of Goods Act 1893 (56 & 57 Vict. c.71) an Act of the Parliament of the United Kingdom of Great Britain and Ireland which regulated contracts in which goods are sold and bought. Its purpose was to define the rights and duties of the parties (where not expressly defined in the agreement), while specifically preserving the relevance of ordinary contractual principles. So what are the differences between the two acts? That’s what we will discuss in this post the Sale of Goods Act 1979 vs Consumer Rights Act 2015 – what’s the difference?
Both written and verbal contracts for the sale of commodities are subject to the the Sale of Goods Act 1979. The agreement may be for future products, or the seller may already be in possession of the goods (for example, the goods in question must be manufactured or shipped from overseas).
In accordance with the Sale of Goods Act 1979 Section 35, the customer acknowledges the products when:
When after receiving the goods, they take any action with regard to them that is in conflict with the ownership of the seller, such as promoting the items in their sales catalogue or incorporating them into their company’s products, they signal to the seller that they have accepted the goods.
When a buyer buys things without seeing them, acceptance is not complete until the buyer has a fair opportunity to inspect the products for the intended use before accepting them:
The right of the seller to sell the items at the time the property is supposed to pass is an implied term of an agreement for sale.
The SoGA contains a number of implied terms, such as:
Implied terms can be confusing; therefore, it is essential to seek legal advice if you are unsure of your rights or obligations.
The majority of the Sale of Products Act of 1979 and a few other consumer laws were superseded when the Consumer Rights Act went into effect on October 1, 2015.
By providing consumers with goods (including digital products), traders are subject to a number of obligations under the Consumer Rights Act. In essence, this means that when selling to clients, your business must abide by specific standards.
The laws that apply to the selling of goods and services, as well as the requirements you must meet, are described here.
Under the legislation, the products you sell must:
These rights essentially supersede any product warranty or guarantee; if a product is defective, the customer is entitled to a remedy (we explain more about this later).
The Consumer Rights Act also states that you, the retailer, are accountable for the condition of the goods until your client or a representative designated by them to receive the items receives them (such as a neighbour). The delivery service is not held accountable.
Under the Consumer Rights Act, you must follow certain standards when supplying services:
If these standards aren’t met, a consumer is entitled to a repeat performance or price reduction.
Both “traders” and “consumers” are mentioned in the Consumer Rights Act. A “trader” is someone who engages in activities related to their trade, company, or profession. This means that a “trader” can be a freelancer, a limited corporation, a nonprofit, or another person or group.
According to the legislation, a “consumer” is someone who deals with the trader without acting on behalf of a corporation.
Typically, when a transaction occurs, a contract between the consumer and the merchant has been made, and this is the time when the law is in effect. A contract need not be in writing; it can also be made by a consumer agreeing to provide a trader something of value in exchange for receiving items from the trader.
The Consumer Rights Act does not apply to businesses because, as we have already stated, the definition of a customer is someone who purchases something for personal use. Business-to-business (B2B) transactions in which your company purchases goods or services from another company are not covered by consumer protection laws.
Furthermore important to note is that companies are not eligible for the 14-day cooling-off period.
Contracts for the sale of goods and services made between businesses, however, continue to be governed by the Sale of Goods Act of 1979 and the Sale of Goods and Services Act, which have not been repealed.
If you have been involved in an incident which strongly relates to the Sale of Goods Act 1979 or the Consumer Rights Act 2015 then you should get in touch with Lawdit.
We are a professional team of solicitors who are located in Southampton and the Isle Of Wight. With many years of experience, we are your best bet for a case involving the Sale of Goods Act 1979. So if you need help with this, please make sure you book a free consultation with us here: Lawdit Solicitors Free Consultation.
There is no doubt that we will be able to completely assist you with anything related to the Sale of Goods Act 1979 and many other acts as well as the Consumer Rights Acts 2015.
Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales.
He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law.
