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First Principles of Business Law |
| Statutory provisions affecting contracts for goods and services |
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4. Enforcement of terms implied by law into sale contracts |
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4.1. Statutory remedies |
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If a term that is implied into a contract by the sale of goods legislation is breached, what remedies are available? Are the remedies the same as the common law remedies for breach of an agreed term? In particular, if the statutorily implied term is a condition (rather than a warranty), does the plaintiff have the right to terminate performance of the contract as well as claim damages, as in the common law? The following examples illustrate the rules. |
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