136 Merchantable quality versus satisfactory quality of goods

Copyright © 2025 LexisNexis

SALE OF GOODS vol 34

136 Merchantable quality versus satisfactory quality of goods

Copyright © 2025 LexisNexis

| Commentary

(d) Implied term as to satisfactory quality of goods

Until 3 January 1995¹, there was a statutory

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(2) IMPLIED TERMS IN SALE OF GOODS CONTRACTS

137 Definition of implied term as to satisfactory quality of goods

138 Consumer Rights Act 2015: goods to be of satisfactory quality

139 Relevance of pre-existing case law to satisfactory quality

140 Scope of seller’s obligation to supply goods of satisfactory quality

141 Awareness and examination of defects in goods; negating of implied term as to satisfactory quality

142 Content of seller’s obligation to supply goods of satisfactory quality

143 Meaning of ‘quality’ in implied term on satisfactory quality of goods

144 State and condition as part of quality of goods

145 Fitness for purpose as part of quality of goods

146 Appearance and finish, and freedom from minor defects, as part of quality of goods

147 Safety of goods as part of quality of goods

148 Hidden qualities or latent defects and the quality of goods

149 Durability of goods as part of quality of goods

150 Determining satisfactoriness of goods under implied term as to satisfactory quality

151 Description of goods as part of assessment of their satisfactoriness

152 Price of goods as part of assessment of their satisfactoriness

153 Other relevant circumstances to assessment of satisfactoriness of goods

154 Public statements about goods and assessment of satisfactoriness

155 Demonstrations, from pre-existing case law, of satisfactory quality of goods

156 General points on the sale by sample of goods