SoGa replaced by Consumer Goods Act? What about B2b then?

[jxm28788]

While trying to research a specific question with the sale of goods act I came across a couple of websites that state it has been replaced by the Consumer Goods Act.

Firstly, is that correct?

Secondly, if that is correct what about B2B transactions, which aren't covered by the CRA but were covered by the SoGa?

 

[Newchodge]

While trying to research a specific question with the sale of goods act I came across a couple of websites that state it has been replaced by the Consumer Goods Act.

Firstly, is that correct?

Secondly, if that is correct what about B2B transactions, which aren't covered by the CRA but were covered by the SoGa?

Have you tried reading the legislation to see whether the SoGA was repealed or whether just certain sections were replaced by the CGA?

 

[MBE2017]

Hard to advise on such a vague question, but the best I can offer is most of the SOGA applies even on B2B, with some exceptions, mainly being no cool off times, burden of proof in disputes etc.

Most importantly you need to check the contract you have or are considering taking out, since you might be agreeing to waiving rights generally expected regarding unfair terms and liability.

You can of course go to court, but who want to waste the time and expense with no guarantee of a successful outcome?

 

[jxm28788]

Hard to advise on such a vague question, but the best I can offer is most of the SOGA applies even on B2B, with some exceptions, mainly being no cool off times, burden of proof in disputes etc.

Most importantly you need to check the contract you have or are considering taking out, since you might be agreeing to waiving rights generally expected regarding unfair terms and liability.

You can of course go to court, but who want to waste the time and expense with no guarantee of a successful outcome?

Not really sure how that's a vague question? I mean has it been replaced or not? And if so just the consumer bits or all of it? Is any of it still in force?

This is one of the articles, which seems pretty sure that it has, but it only mentions consumers.

Sale of Goods Act - Which?

The Sale of Goods Act 1979 has now been replaced by the Consumer Rights Act 2015, but you may be able to claim under it if goods you bought on or before 30 September 2015 become faulty.

www.which.co.uk

And here is the other which says, "Note that the Consumer Rights Act (CRA) 2015 replaced the Sale of Goods Act 1979 from 1 October 2015, and hence, law within the older Act no longer applies."

Sale of Goods Act 1979

A summary of the Sale of Goods Act 1979.

www.netlawman.co.uk

"the older act no longer applies" seems pretty clear, but again it only talks about consumers.

 

[jxm28788]

Have you tried reading the legislation to see whether the SoGA was repealed or whether just certain sections were replaced by the CGA?

I just taken a look, and it looks like there are a lot of inserts saying basically, "this bit doesn't apply if the CRA applies". Which basically means you'd have to sit there with both pieces of legislation comparing them bit by bit.

But ok, that does answer my question.

 

[Newchodge]

Incidentally, isn't it called the Consumer Rights Act?

 

[MBE2017]

Not really sure how that's a vague question?

You started your question with ….. “While trying to research a specific question with the sale of goods act”

That is what I termed vague, B2B and B2C are treated differently in law as you are aware, the Acts cover a multitude of possibilities, but I have no idea what the specific part is you are trying to get an answer to.

Probably best to ask your solicitor.

 

[Newchodge]

You started your question with ….. “While trying to research a specific question with the sale of goods act”

That is what I termed vague, B2B and B2C are treated differently in law as you are aware, the Acts cover a multitude of possibilities, but I have no idea what the specific part is you are trying to get an answer to.

Probably best to ask your solicitor.

Or lecturer?

 

[DontAsk]

Incidentally, isn't it called the Consumer Rights Act?

Yes

 

[DontAsk]

SoGA has not been replaced. The CRA is only for consumer contracts.