Question

Yesterday, Eleanor went to SASA cosmetic shop to buy some hypoallergenic cream. She told Eva, the sales promoter that she needed the type of cream that is suitable for her sensitive skin. Eva showed her a few types of products of various brands. Eleanor saw ‘Tehlogy’ brand and she wanted to buy the cream under that brand because she had used the eye mask of the same brand before. However, Eva recommended ‘Swish’ brand as it could provide better protection for her sensitive skin. Eleanor decided to buy ‘Tehlogy’brand instead. That night, after applying the cream, Eleanor’s face started to itch and developed rashes. Discuss whether there is any breach of implied terms under Sale of Goods Act 1957.

Business law

Answer 1

yes there is a breach of implied terms as under the sale of the goods as the seller has sold the item recommending the said benefit and the product will provide better protection for the skin. There is implied warranty that the product will work.

so the implied warranty will come under the section 15 of the SOGA and there as the description that the product work well for the sensitive skin is made while selling and according to the section 15 breach is there of implied terms under the sales of good act 1958.