chapter  12
20 Pages

UNDERTAKINGS AS TO TITLE

In modern times, these three undertakings have been re-enacted for sales in s 12 of the SGA 1979, for quasi-sales (see para 2.10) in s 2 of the SGSA and for hp4 in s 8 of SOGIT (as amended). A necessarily different version for simple hiring agreements has been embodied in s 7 of the SGSA (see para 12.01A). In 1973, a further statutory refinement was introduced by SOGIT to limit the supplier’s power to exclude the undertakings as to title; and this has made it necessary to distinguish those contracts where there is no attempt to limit the supplier’s statutory obligations to transfer title (clean contracts: see para 12.02) from those which contain such an exclusion clause (see para 12.17). The Sale and Supply of Goods Act 1994 rechristens each of the undertakings in s 12 of the SGA ‘terms’ and then provides5

‘As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition and the terms implied by subsections (2), (4) and (5) above are warranties’.