Sale of Goods Exam Questions and
Answers
1. Hughes v Pendragon Sabre (Porsche Centre Bolton) 2016. Correct Answer: Facts
- contract was entered into before consumer rights into force so applied SOGA -
a car dealer - dealer didn't have car at time he entered into the contract- it conditioned in him obtaining
it from manufacturer.
HELD - the court of appeal said the fact he didn't have the car and chance he would not get it didn't
prevent it from being a contract in line with SOGA - contract of agreement to sell. s 2 ( 5)
Principle - The fact one doesn't have the goods at the time doesn't prevent it being a contract for sale of
goods - falls within s2 (5) and therefore satisfys s 2(1)
2. Wathelet v Garage Bietheres (C-149/15). Correct Answer: Who is a trader?
Principle - a trader Includes a trader acting as an intermediary on behalf of a private individual who has
not duly informed the consumer of fact that owner of goods is a private individual Correct Answer:
Facts - here an individual was selling a car sold through a dealership -
However the consumer buyer was not told that the dealership was acting for an individual - therefore
allowed to be classified as trader as consumer was not told the seller was in fact an individual.
3. What is a contract of sale SOGA 1979 Correct Answer: s 2 (1) - five elements - buyer and
seller - contract - transfer
or agreement to transfer - goods - price
s 2 (4) - where the goods are transfered = sale
s 2 (5) - where there is an agreement to transfer = agreement to
sell. both satisfy s2 (1)
4. What is a contract of sale CR 2015 Correct Answer: s 5 (1) a contract is a sales
contracts if Correct Answer:
,(a) TRADER transfer or agree to transfer ownership of goods to CONSUMER.
(b) the CONSUMER pays a price or agrees to pay a price.
note s 5 (2) - still a sales contract if the goods are to be manufactured and supplied to the consumer -
, 5. Trader Correct Answer: s 2 (3) CRA 2015
Means a person acting for purposes relating to that persons trade, business, craft or profession,
whether acting personally or through another person acting in the traders name or on the traders
behalf.
6. Consumer Correct Answer: s 2 (3) CRA 2015
Means an individual acting for purposes that are wholly or mainly outside that individuals trade, business,
craft or profession.
7. Business Correct Answer: s 2 (7) CRA act 2015 -
includes activities of any governmental department or local or public authority.
8. Form requirement in a sale of goods contract? Correct Answer: No form
requirement - subject to other acts
-
s 3 - SOGA 1979
s 2 (1) - CRA 2015
9. The 2013 regulations - expand Correct Answer: Following -The Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 ("the 2013 Regulations") (on
13 June 2014) a trader is under a number of obligations to a consumer in on-premises, ott-premises or
distance contracts.
10. Where would the 2013 regulations apply? Correct Answer: Apply in regards to
consumer / trader contracts.
Gives the trader more obligations in certain
instances. reg 6 and 7 (2) - limit its application.
s 9 (1) - states information ( in schedule 1 ) has to br provided before a consumer is bound by on on-
premises contract.
note reg 9 (2) - this does not apply to day to day transactions and where the contract is immediately
Answers
1. Hughes v Pendragon Sabre (Porsche Centre Bolton) 2016. Correct Answer: Facts
- contract was entered into before consumer rights into force so applied SOGA -
a car dealer - dealer didn't have car at time he entered into the contract- it conditioned in him obtaining
it from manufacturer.
HELD - the court of appeal said the fact he didn't have the car and chance he would not get it didn't
prevent it from being a contract in line with SOGA - contract of agreement to sell. s 2 ( 5)
Principle - The fact one doesn't have the goods at the time doesn't prevent it being a contract for sale of
goods - falls within s2 (5) and therefore satisfys s 2(1)
2. Wathelet v Garage Bietheres (C-149/15). Correct Answer: Who is a trader?
Principle - a trader Includes a trader acting as an intermediary on behalf of a private individual who has
not duly informed the consumer of fact that owner of goods is a private individual Correct Answer:
Facts - here an individual was selling a car sold through a dealership -
However the consumer buyer was not told that the dealership was acting for an individual - therefore
allowed to be classified as trader as consumer was not told the seller was in fact an individual.
3. What is a contract of sale SOGA 1979 Correct Answer: s 2 (1) - five elements - buyer and
seller - contract - transfer
or agreement to transfer - goods - price
s 2 (4) - where the goods are transfered = sale
s 2 (5) - where there is an agreement to transfer = agreement to
sell. both satisfy s2 (1)
4. What is a contract of sale CR 2015 Correct Answer: s 5 (1) a contract is a sales
contracts if Correct Answer:
,(a) TRADER transfer or agree to transfer ownership of goods to CONSUMER.
(b) the CONSUMER pays a price or agrees to pay a price.
note s 5 (2) - still a sales contract if the goods are to be manufactured and supplied to the consumer -
, 5. Trader Correct Answer: s 2 (3) CRA 2015
Means a person acting for purposes relating to that persons trade, business, craft or profession,
whether acting personally or through another person acting in the traders name or on the traders
behalf.
6. Consumer Correct Answer: s 2 (3) CRA 2015
Means an individual acting for purposes that are wholly or mainly outside that individuals trade, business,
craft or profession.
7. Business Correct Answer: s 2 (7) CRA act 2015 -
includes activities of any governmental department or local or public authority.
8. Form requirement in a sale of goods contract? Correct Answer: No form
requirement - subject to other acts
-
s 3 - SOGA 1979
s 2 (1) - CRA 2015
9. The 2013 regulations - expand Correct Answer: Following -The Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 ("the 2013 Regulations") (on
13 June 2014) a trader is under a number of obligations to a consumer in on-premises, ott-premises or
distance contracts.
10. Where would the 2013 regulations apply? Correct Answer: Apply in regards to
consumer / trader contracts.
Gives the trader more obligations in certain
instances. reg 6 and 7 (2) - limit its application.
s 9 (1) - states information ( in schedule 1 ) has to br provided before a consumer is bound by on on-
premises contract.
note reg 9 (2) - this does not apply to day to day transactions and where the contract is immediately
