Section 14(2) of the Sale of Goods Act expresses that where the seller sells goods in the ordinary course of business or trade, there is an implicit condition that goods so supplied under the contract of sale are of acceptable quality and should rationally fit for their purpose.
Thus, under SGA, a seller should sell products that will fit into its description, should conform to its purpose and should have acceptable quality and if the product falls short of these, then, the supplier has the duty to redress the grievances raised by the buyer.
Certain contract inserts clauses giving the right to the buyer to terminate the contract under certain circumstances. For instance, when the market price for a product decreases after the entering of a contract, a buyer in a normal course is keen to take the privilege of termination rights as a result of the delivery of non-conforming products or late delivery.
However, a seller has the duty to make sure that the products sold “adhere to the contract.” For instance, if a car is sold, then the seller should clearly express the model of the car to be sold, the details about its engine size, its previous owner’s history. In case, if the seller has described the product imprecisely, then the buyer can make a claim against the seller for breach of contract and thus seller might be involved in a breach under the Trade Descriptions Act 1968. (The UK insolvency helpline 2008).
In Fletcher v Sledmore, a car dealer and his customer visited the defendant who was a dealer in second-hand cars. The customer inquired the defendant about a specific car and the defendant informed him that it was “a good little engine.” However, this was not true. Then, the car was sold to the customer. It was held by the court that the defendant committed an offense under the false trade description Act. Thus, this decision clearly demonstrates that the Act can travel beyond the restrictions of contractual relationships. (Weatherill 2005: 402)
If any seller has sold the product that does not adhere to the description in the sales contract, or if it is not suitable for the purpose intended or is of substandard quality, a seller has the legal responsibility to resolve the issue at the earliest.