The Gazette 1979

MARCH 1979

GAZETTE

RADICAL CHANGES PROPOSED BY NEW SALE OF GOODS BILL

Flanagan 14. Charges for directory entries can only be levied where there is an agreement for such entry and orders for such entries must be on the customers notepaper or order forms. The above does not purport to be a comprehensive list of all the amendments to the Sale of Goods Act and new Sale of Goods Act and new law introduced by the Bill. One of the over riding provisions in the Bill which will govern both it and the 1893 Act introduced the concept of a "consumer" for the first time a consumer being a person who does not make a contract in the course of a business transaction but the other party to the contract does make it in such capacity and the goods or services are of a type ordinary supplied by private use or consumption. There is no reason to believe that there will be substantial substance of amendments accepted to this legislation. Nor indeed are they likely to be put forward by the major opposition party because the Bill is very similar to one which is understood to have been drafted during the tenure of office of the previous government and which was in fact introduced as a Private Members Bill by front bench members of the opposition in late 1978. It therefore seems very important for solicitors to brief themselves on the terms and effects of the new legislation, which are likely to be pervasive and far ranging.

3. by Robert The Sale of Goods and Supply of Services Bill 1978 now before the Oireachtas contains many sweeping changes in what has become known recently as Consumer Law. Following on the Consumer Information Act 1978 whose full implementation has been delayed pending the entry into office of the recently appointed Director of Consumer Affairs, the second piece of legislation (as initiated), provides for the following major changes:— 1 • A buyer will no longer have to reject defective goods at the time the property in them passes or is deemed to pass to him. 2. Contracts for Sale will contain implied conditions and warranties as to the title of the vendor to sell the goods. Goods selected by a buyer from a display, e.g. in a self-service shop or supermarket may be "goods sold by description". The implied conditions or warranties as to the merchantable quality (now defined for the first time) of goods shall only apply where the seller sells in the course of business. Such a seller may not use notices or exclusion clauses that would restrict a buyer's rights under Sections 12 to 15 of the Sale of Goods Act 1893 (as amended by the proposed bill). All sales of motor vehicles, except to a buyer in the trade will have an implied condition that the vehicle is free from any defect which would render it a danger to the public. Such a condition may only be excluded by an agreement that the vehicle is not intended for use in its then condition, and only in the circumstances where such an agreement is reasonable. Finance Houses are to be made parties to any contract between a seller and a consumer where there is a contract whereby the Finance House finances the consumer. Guarantees can no longer exclude statutory or common law rights and the benefits of guarantees can pass to all persons who acquire title to the goods during the guarantee period e.g. persons who receive the goods as gifts. 9. A purchaser is not deemed to have accepted goods until he has had an opportunity of examining them. The rights of hirers under Hire Purchase Agreements are strengthened and brought generally into line with buyers rights under contracts for the sale of goods. 1 1. Suppliers of services (a phrase not comprehensively defined in the Bill) are deemed to imply in all contracts which they make for those services that they have the necessary skill to render the service, that they will supply the service with due skill, care and integrity and that all materials used will be sound and reasonably fit for the purpose required. '2. The law in misrepresentation has been altered in favour of the person to whom the representation is made in so far as the remedies for misrepresentation is concerned. 13. Unsolicited goods may after notice to the sender, be retained by the recipient. 7. 9. 4. 5. 6.

FORMING A COMPANY? Why Worry?

The Law Society provides a quick service based on a standard form of Memorandum and Articles of Association. Where necessary the standard form can be amended, at an extra charge, to suit the special requirements of any individual case. In addition to private companies limited by shares, the service will also form — • Unlimited companies. • Companies limited by guarantee. • Shelf companies, company seals and record books are available at competitive rates. Full information is available from: COMPANY FORMATION SERVICE INCORPORATED LAW SOCIETY OF IRELAND BLACKHALL PLACE, DUBLIN. Tel. 710711. Telex 31219 ILAW EI.

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