单词 | qualified title |
释义 | qualified title qualified title a registered title to land that is subject to some excep- tion or qualification specified in the register. See LAND REGISTRATION. quality an implied term in contracts of sale and supply. The Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994, provides for certain IMPLIED TERMS in contracts for sale of goods and other supply of goods such as hire-purchase, hire and barter. The importance of the implication of these terms is that if they are not complied with, the purchaser has a right to sue; this allows it to be said that the Act gives buyer's rights.The general rule is caveat emptor, 'let the buyer beware'. Thus, except for the implied terms in the Act, there are no implied terms. Thus, a sale between two private individuals for private purposes will not be subject to any private purposes. Terms are implied where there is a sale in the course of a business. Goods must be of satisfac- tory quality. Goods are satisfactory only if they meet the standard that a reasonable person would regard as satisfactory, taking account of the description of the goods, the price and the other circum- stances. Statutory examples of that are that the goods be fit for all common purposes for which the goods in question are commonly supplied; that their appearance and finish be satisfactory; that the goods be free from minor defects; that they be safe; and that they should be durable. These do not apply, however, where the goods have been examined or the defects pointed out. It should also be appreciated that if there is a breach in a consumer contract, the buyer is allowed to reject the goods; in other sales the breach will have to be material. Goods must be reasonably fit for any specified purpose. So even satisfactory goods may still be supplied in breach of contract if a more stringent standard was clearly intended. 320 Quebec civil code |
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