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7 The Implied Terms of Description, Fitness, and Quality

From: The Sale of Goods (4th Edition)

M G Bridge

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 September 2020

Subject(s):
Contract — Conformity of goods

This chapter deals with terms concerning the description, fitness, and quality of the contract goods that are implied by statute into the contract unless the parties have excluded them within the limits permitted by the law. An examination of the general law of contract shows that it is not easy to pin down the nature of implied contractual terms. Expressed as a simple dichotomy, they come in two different versions: first, terms agreed in fact by the parties that take two different forms. There are terms so obvious that they do not need to be stated or that the parties have not troubled to record in writing, and there are terms implied into contracts to give them a minimum of business efficacy. The second form consists of terms implied in law that may once have expressed the actual agreement of parties to contracts of a particular type but that have, under the weight of case law and inherited assumptions, become over time automatic accessories of particular contract types.

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