Business Law and Using a Solicitor

3. Statutory Rights

Even though they are not spelled out, every contract has implied terms. By agreement, some of these terms can be explicitly excluded from the contract, but not unreasonably.

These are often called 'statutory rights'. If they are breached, the private consumer normally has the right to return the goods and get the money back, or claim damages, or both.

3.1 The seller must be entitled to sell.

• If you buy something from someone who does not own it, you have the right to get your money back from the seller. You will probably not be allowed to keep the goods.

3.2 The goods must match their description.

• Descriptions on labels, or claims made by the seller, must be accurate.

3.3 Goods sold in the course of business must be of satisfactory quality.

3.4 Goods must be fit for the purpose.

• So if a customer asks for a component to use in a piece of equipment, your component must be suitable.

3.5 If a batch of goods is sold after providing a sample, the goods must match it.