First Principles of Business Law

Statutory provisions affecting contracts for goods and services

1. Generic terms and statutory guarantees

1.1. Legislative provisions

 

 

 

Contracts for the acquisition of goods and services are a particularly important kind of contract. They are the most frequently occurring kind of commercial contract.  They are also of great importance when consumers purchase goods or services for their own consumption or use. There are two major pieces of legislation that are important to know about in relation to this kind of contract. 

The sale of goods legislation.  The state and territory sale of goods legislation operates by putting implied terms into contracts for the sale of goods, to fill gaps in the agreed terms.  This mechanism is explained in the module 'The contents of a contract'.  Now we will examine in more detail the particular implied terms that may become implied into sale contracts

The Australian Consumer Law (ACL). This legislation operates  by providing statutory guarantees in consumer contracts for goods and services. These guarantees do not become terms of a contract and are enforced by means of statutory remedies rather than an action for breach of contract.  In this module we will see how consumers are protected by these guarantees.

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