Sub Standard Work in
the Supply of Goods & Services
The Supply of Goods and Services Act
1982 provide consumers with an avenue to make a claim if the supply of goods
and services is well below the reasonable standards required by this Act.
But first it is important to
establish whether a contract exist between you as the consumer and the supplier
of the goods or services. It is necessary
for the courts to see that some form of contract exists preferably a written
contract, an oral contract may be considered or perhaps your contract is created
through a previous course of dealings with the supplier.
Next is to work out the expressed
terms of the contract are and any implied times. These can take the form of the
following:
- To provide goods/service is an
express term.
- Delivery by a specific date is an express term
- Payment for the goods/service is an express term
- Delivery by a specific date is an express term
- Payment for the goods/service is an express term
Terms can also be implied into a contract
by the Act and can form part of the relevant terms. These can include:
- Section 4 which implies terms about
quality or fitness
- Section 13 which implies terms about care and skill
- Section 13 which implies terms about care and skill
When the terms of the contract have
been established, you just need to work out which of these have been
breached. Once a breach has been
established the consumer may have a stronger chance of seeking redress for the
loss incurred as a result of the breach.
This published article may contain information of general interest
about current legal issues, but does not give legal advice
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