Paper Summary:

The following paper examines whether a retailer, specifically - TV World Ltd. is reliable for faulty tv sets, under the Sale of Goods Act 1979. The writer discusses the case study presented where TV World Ltd., a retail business, advertised a new 28 inch stereo television with teletext. The paper continues to examine how Ms. Hardy bought the television set for $300 but after a month it broke down. This paper asserts that Ms. Hardy signed a clause in the sales contract excluding liability under the Sale of Goods Act. The writer looks at a number of points had to be considered before establishing Ms. Hardy's legal position. .

From the Paper:

"Under section 12 of the Sale of Goods Act 1979 we can see that the TV World Ltd does have the right to sell the television in question. Section 13 ascertains that there is an implied condition that the goods will correspond with the description. Although Ms Hardy saw the TV in operation before he bought it, we can say that it was still bought by description as she was relying on the TV being a stereo model as described. TV World Ltd argues that as Ms Hardy should have realized that it was not a stereo model as she watched the set in the store. As Ms Hardy is just a consumer, she cannot be an expert in televisions and therefore it would be unfair to say that she should have known. We can see this in Beal v Taylor (1967) 3 ALL ER 253 where the plaintiff had inspected the car before she bought but later realized that it was an earlier model. The Court of Appeal held that the plaintiff was entitled to damages for breach of section 13 as she had relied on the description contained in the advertisement. Similar facts are found in the present situation and the goods have not corresponded to their description so TV World Ltd has breached section 13."

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