e1.doc2
CASE 1:
Q1： I s Maggie entitled to bring a legal action against Thunderbolt & Lightning for selling her a defective tumble dryer and will it matter that she purchased the goods in a sale?
Yes, Maggie is entitled to bring a legal action against Thunderbolt & Lightning for selling her
a defective tumble dryer in terms of the Sale of Goods Act 1979 (as ame nded).
Thunderbolt & Lightning will be in breach of Section 14 of the 1979 Act. The store has broken one of the implied terms of the Sale of Goods Act 1979 (Sectio ns 12-15) which are always assumed to form part of every con tract of sale.
Secti on 14 also states that goods will be of satisfactory quality if they meet the sta ndard that a reas on able pers on would regard as satisfactory, tak ing acco unt of any descripti on of the goods, the price (if releva nt) and all the other releva nt circumsta nces. Sectio n 14 lists five examples
of quality that buyers can use to help them decide whether the goods that they have purchased fall below the expected sta ndard of quality:
« fitness for all the purposes for which goods of the kind in question are commonly supplied
« appeara nee and finish
« freedom from minor defects
safety
durability
The tumble dryer is not fit for its purpose, it is un safe and it is not durable. The protect ion which Section 14 gives to buyers is only applicable in situations where the sell
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