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Question 13
Explain the following terms used in the Sale of Goods and Supply of Services Act 1980. Goods must: (i) of merchantable quality: (ii) as described:
Step 1
Answer
Goods described as being of merchantable quality must meet reasonable standards based on their intended use. This means they should be fit for the purpose they are sold for, durable, and harmonize with the price paid. Additionally, they must be free from defects that would render them unacceptable in most situations. For example, a car sold must be capable of functioning properly without major faults, reflecting its cost and expectations in quality.
Step 2
Answer
When goods are labeled 'as described,' they must match the description provided by the seller. This entails that any claims about the product, whether spoken or written, should accurately represent the item's features and condition. The buyer must not be misled by inaccurate descriptions or exaggerated claims. For instance, if a product is marketed as 'waterproof,' it must possess that quality and function effectively without leaking.
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