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LEGAL ASPECTS OF MARKETING Kiwana Ennis B.L. LECTURE 10 – SALE OF GOODS AND SUPPLY OF SERVICES Text:- Principles of Irish Law – Doolan, Part 8 – Chapter 35 EXCLUSION OR IMPLIED TERMS Exemption clauses This clause is a contractual stipulation which excludes or diminishes the liability of one party to the contract. Can implied conditions or warranties be exempted? The Sale of Goods and Supply of Services Act 1980 curtails this possibility. Whether a term is excluded depends either on the term itself or the status of the buyer. It is not possible to exclude the provisions of section 12 in relation to the title of the goods. Section 55(4) allows all other implied terms to be excluded subject to two major exceptions. The exclusion clause must be:- - by express agreement, or - usage, or - course of dealing between the parties. Exceptions:- Where the buyer deals as a consumer it is not possible to exclude the provisions of sections 13, 14 or 15. In other cases the contract of sale is unenforceable unless such exclusion is shown to be fair and reasonable. 1. Where the buyer deals as a consumer:- There is a protection provided to consumers in the event of shoddy merchandise being sold as it is accepted that a lay person will not have the knowledge of the goods or will not be accustomed to trading.
Approximate Word count = 924
Approximate Pages = 3.7
(250 words per page double spaced)
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