Sale of Goods Act (1979)

Understanding the Sale of Goods Act (1979)

• The Sale of Goods Act (1979) is a crucial piece of UK legislation that regulates the sale of goods.
• This Act was enacted on 6th December 1979, safeguarding the rights of consumers and sellers in the sale and purchase of goods.
• Previously it was the key act that governed consumer rights but was replaced by Consumer Rights Act in 2015 in many aspects.

Key Principles of the Sale of Goods Act (1979)

• At its core, the Act stipulates that goods sold must be as described, satisfactory quality and fit for purpose.
• The goods must match the description provided by the seller, either verbally or in writing. This holds true even if the consumer hasn’t seen the actual product.
• Satisfactory quality means that the goods shouldn’t be damaged or faulty, and should be fit for all normal purposes for which such items are used.
• Fit for purpose means that the goods must be capable of completing the task for which they were purchased, even if it’s not their normal use, as long as the seller was aware of this intended use.

Consumer Remedies under the Sale of Goods Act (1979)

• If goods don’t adhere to the required standards, consumers can return them and receive a refund, or request a repair or replacement.
• The seller has a duty to resolve the issue if the goods are not of satisfactory quality, unfit for purpose, or not as described.
• This Act does not cover instances where consumers merely change their mind about a product. It is designed to deal with goods that are inherently faulty or don’t meet the specifications explicitly laid out at the time of purchase.
• It’s important to note that the burden of proof changes after six months. For the first six months, it’s the seller’s responsibility to prove the goods did conform to the contract at the time of sale. After six months, it’s up to the consumer to prove the goods did not conform.

Implications for Design and Manufacture

• A deep understanding of the Sale of Goods Act (1979) is vital for designing and manufacturing goods, ensuring they meet all relevant standards and keeping legal issues at bay.
• Designers should keep in mind that goods are designed and produced following the product description given, and are fit for their purpose to avoid any potential criticism or legal action.

Remember, this law has been largely superseded by the Consumer Rights Act 2015 but still applies to contracts formed before that Act came into force. Also, it is often still referenced in relation to business to business (B2B) sales which are not covered by the newer Act.