Commentary

118 Meaning of ‘in the course of a business’ under the Sale of Goods Act 1979

SALE OF GOODS vol 34

118 Meaning of ‘in the course of a business’ under the Sale of Goods Act 1979

| Commentary

By contrast with the implied condition as to description in the Sale of Goods Act 19791, the conditions as to satisfactory quality and fitness for purpose of goods implied by the Sale of Goods Act 1979 Section 14(2)–(3) operate only when the seller sells ‘in the course of a business’2. Modern case law, forsaking parallels with criminal legislation, has construed this phrase in a spacious manner specific to the history, purpose and language of the Sale of Goods Act 1979, for example holding that a sale by a professional

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