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First Principles of Business Law |
| Statutory provisions affecting contracts for goods and services |
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3. Terms implied by law into contracts for the sale of goods |
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3.7.2. The quality of goods sold in the course of business |
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Read the facts and the question and then choose the best answer. A, who needs to buy a new pair of shoes, goes to a shoe shop owned by B. She looks at the shoes on display and selects a pair that she likes. Neither A nor B say anything about the shoes when A buys them. After wearing the shoes for the first time, A notices that they are so badly stitched in places that it is obvious that the straps will come apart before long. A concedes that nothing was expressly agreed about the quality of the shoes. But she says that, because B carries on business as a shoe seller, the law implies terms into the contract regarding the quality of the shoes. Is A correct? |
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(a) Yes. When a seller goods (such as shoes) in the course of business, the law implies terms into the contract regarding the quality of those goods. (b) No. When a seller sells goods (such as shoes) in the course of business, the law does not imply terms into the contract regarding the quality of those goods. |
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