20-12-2010, 08:40 AM
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Pet Forums VIP Member
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Join Date: May 2010
Location: Preston, land of the gods!
Posts: 4,448
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Re: Do you agree with animals coming under the Sale of Goods Act?
Quote:
Originally Posted by SharonM
Under the Sale of Goods Act 1979, and as a private seller, ie. you are not a business, then the only rules the seller has to abide by are:
1. The the dog/cat was sold as described, so if you say you have a white poodle, male.....then it has to be that and not a black lab female.
2. The animal belonged to seller before it was sold.
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What is classed as a business sale is also rather widely interpreted. There is a case (and I only know this as I'm a geek and studied it!) called Stevenson v Roger, where a fisherman sold his boat and was held in breach of the SOGA, despite him not being in a business of buying and selling boats.
There may also be a course of action should it be a breach of an express term (express terms are terms that have been specifically mentioned and agreed by both parties at the time the contract is made, this can be oral or written) So if it is agreed in a contract that the puppy will be a certain way then there is a recourse of action.
Also, if there is misrepresentation (false statement made by one party to another) there is also a course of action.
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Harvey- Staffie x Lab(?) Milo the Guinea Pig Madge and Mel the Bearded Dragons Heidi the Horse
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