Sale of Goods & Services
Whether you are a business or an individual, when an agreement for the supply of goods or services is made between two parties, a contract is formed and there are always express and implied terms applicable to that contract. This applies even when the agreement is verbal and there is no written or signed contract in force.
A breach of contract occurs when one of the parties fails to fulfil their part of the agreement, and in many cases, the failure to provide adequate goods or services will constitute a breach of contract. Disputes over the sale or purchase of goods and services can arise as a result, and it is important that businesses have the right legal advice and representation to tackle disputes over the sale of goods and services.
It is also imperative that contractual disputes are dealt with as soon as reasonably practicable, as they can be costly and time-consuming, resulting in adjudication; arbitration; or litigation and could damage a company’s business relationships and reputation.
At Mercantile Barristers, our sale of goods and services barristers have expertise in providing advice and representation to businesses and individuals in understanding their rights and obligations before, during, or after disputes about the sale of goods and services. If you require advice contact our Commercial Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
Business to Business (“B2B”) Disputes
Businesses trade with each another regularly. Whether it concerns the provision of IT; logistics; foodstuffs; labour; premises; or materials businesses rely on one another to trade goods and services to maintain their daily operations. If one party is not performing their obligations under the contract, disputes are inevitable.
In recent times, the law has seen that business contracting with one another are more commercially savvy. Therefore, contrary to business to consumer (“B2C”) contracts which have a number of implied terms into them by law, B2B transactions are primarily governed by the express contractual terms that are agreed between the parties. There are however some limited areas in which rights and obligations are implied by law.
The Sale of Goods Act 1979
The Sale of Goods Act 1979 is legislation that protects customers when they buy goods ensuring they have specific rights, including that they conform with their description (section 13); they are of satisfactory quality (section 14(2)); and are fit for the purpose they are intended to be used (section 14(3)). The majority of the implied terms in the Sale of Goods Act 1979, are now covered in the Consumer Rights Act 2015, where goods have been purchased by individuals from businesses after 30 September 2015.
If you require legal advice on sale of goods disputes, contact our Commercial Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
Supply of Goods and Services Act 1982
The Supply of Goods and Services Act 1982 is legislation that protects all customers when they buy services ensuring they have specific rights, including that the work will be carried out with reasonable care and skill; the work will be carried out within a reasonable time; and that the work will be carried out for reasonable payment. Again, the majority of the implied terms in the Sale of Goods Act 1979, are now covered in the Consumer Rights Act 2015 where services have been purchased by individuals from businesses after 30 September 2015.
If you require legal advice on supply of services disputes, contact our Commercial Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977 is legislation that protects all customers when they enter into an agreement for the supply of goods and services and one party attempts to explicitly exclude certain implied terms in legislation, or liability when certain events occur.
As a general rule, the Unfair Contract Terms Act 1977, prevents exclusion terms that would be unreasonable in the circumstances, and especially excluding liability regarding matters of title ownership; and claims for death or personal injury.
If you require legal advice on unfair contract terms, contact our Commercial Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
At Mercantile Barristers, our Business to Business (“B2B”) Disputes barristers have expertise in providing advice and representation providing practical, commercial advice and representation on all aspects of contractual disputes. If you require advice contact our Commercial Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist
Business to Consumer (“B2C”) Disputes
Most commonly, businesses trade in goods and services with individual consumers. Whether you are purchasing a new television; a car; gardening services; or food everyday people rely on businesses to provide goods and services to maintain the running of their lives. As a consumer, when you buy goods or services from a business, you agree to their terms of service, which identify both parties rights and responsibilities when entering into the contract.
Usually, a business fails in business to consumer transactions when it does not perform their responsibilities under the contract. This is usually reflected in the consumer receiving a faulty product, or receiving a bad service and as a result disputes are inevitable to determine who is at fault and what, if any, compensation there should be.
The Consumer Rights Act 2015
The Consumer Rights Act 2015 is legislation that implies a number of terms in business to consumer (“B2C”) and effectively replaces the Sale of Goods Act 1979 for consumers. The legislation is separated into three categories. The First Part clarifies the standards that consumers can expect when purchasing goods, services and digital content and the remedies available to them when these standards are not met. The Second Part consolidates and updates the law on fairness in contract terms and notices. The Third Part contains provisions relating to miscellaneous areas such as enforcement powers of regulatory bodies, letting agent fees and private actions in competition law.
All products, physical or digital, must be of. The main changes brought in by the Consumer Rights Act 2015 in relation to the supply of goods are the provisions that apply when a trader breaches the implied terms of satisfactory quality; fitness for purpose and; supply of goods as described
Remedies for Sale of Goods
In the Consumer Rights Act 2015, a consumer has specific remedies when goods do not conform with the contract of sale including,
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Short term right to reject
Within the first thirty days of the goods being supplied, the consumer is entitled to reject the goods and receive a refund, but they must make the goods available for collection by the trader. This does not apply, where the expected life of the goods is shorter. -
Right to repair or replacement
At no cost to the consumer, the trader must provide the repair or replacement of the goods within a reasonable time. If the goods still do not meet the consumer's rights, the consumer can exercise their right to a price reduction or final right to reject. -
Right to a price reduction or final right to reject
Where a repair or replacement is unsuccessful, impossible or not provided within a reasonable timeframe, the consumer can choose to keep the goods and claim an appropriate reduction in price or return them and claim a refund.
Rights and Remedies for Provision of Services
There following rights have been newly introduced by the Consumer Rights Act 2015 for consumers who purchase services:
- The service must be performed with reasonable care and skill.
- Where the consumer relies on spoken or written information, the trader will be contractually liable.
- Where the price is not agreed beforehand, the service must be provided for a reasonable price.
- The service must be carried out in a reasonable time, where a timescale has not been agreed.
The following remedies also apply for consumers who purchase services:
had no remedy in law where services were of poor quality or defective except where the services were in breach of any express or implied contract term that the supplier would use reasonable care and skill in carrying out the service.
In all contracts for services the following rules apply:
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Repeat performance
Where the trader fails to exercise reasonable care and skill, the trader must repeat the service properly. The work must be carried out within a reasonable timeframe, without causing significant inconvenience; nor extra cost to the consumer. -
Price reduction
A price reduction up to 100% can be claimed where repeat performance is impossible or cannot be done satisfactorily. A reduction must also be given if the service is not performed within a reasonable time or in line with information given about the trader.
At Mercantile Barristers, our Business to Consumer (“B2C”) Disputes barristers have expertise in providing advice and representation providing practical, commercial advice and representation on all aspects of contractual disputes. If you require advice contact our Commercial Litigation barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.
How Our Process Works
You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with you to make the arrangements to advance your case.
Our specialist clerk will match you with the barrister with the expertise to deal with all aspects of your case. They will also obtain and organise the papers the barrister will have to consider in your case.
Our clerk will agree the fee for your consultation with the barrister beforehand. The clerk will then arrange a convenient time for you to have the consultation by video call, telephone or in person.
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
Fill in the form below and one of our specialist clerks will get in touch.
