Sometimes the purpose is implied because there is only one obvious
purpose, as in Priest v Last (1903) where it was held that a hot water bottle
which had a hole in it was only really designed for one purpose. The
condition will not apply where it is not reasonable for the buyer to rely on
the seller’s judgement, or where the advice is not in fact relied upon:
Ashington Piggeries v Christopher Hill (1972).
The Sale and Supply of Goods to Consumers Regulations 2002 give
extra rights to consumers, including free repair. They also widen slightly
the application of s.14 to include the effect of statements of an advertising
nature made by the seller or producer.
Sale by sample
Section 15 implies a condition that the sample will correspond with the
whole of the goods in quality. Just having an item on display does not
necessarily make it a sample of what is bought. The sample must be used
to show features of the goods actually purchased. In Drummond v Van
Ingen (1887) it was said that the purpose of a sample is to ‘present to the
eye the real meaning and intention of the parties’.
In the case of Rogers v Parish (above) the Court of Appeal raised some
other important points to take into account when applying these sections,
such as:
- what will amount to acceptance (see below)?
- the external appearance (the case involved a new Range Rover)
- the effect of a repair being possible
- the manufacturer’s warranty
- the use of the vehicle between periods of breakdown.
Exclusion
The old Sale of Goods Act 1893 could be excluded from contract, which
was a reflection of the general freedom to contract which took priority over
other principles at that time. Now, opting out of protective measures is
much more difficult, and often not allowed at all. As stated above, under the
Unfair Contract Terms Act 1977 the current Sale of Goods Act 1979 (as
amended) section 12 cannot be excluded from any contract. Sections 13 to
15 cannot be excluded from a consumer contract (where a buyer is not ‘in
the course of a business’), and can only be excluded from other contracts if
this is reasonable. This reflects a huge move toward the protection of
consumers, and, far from being paternalistic, as may have been alleged by
some when the 1979 Act was passed, is now no more than we have come to
expect of a developed legal system in a modern society.
242 Contract law