HKLII

Hong Kong Law Reform Commission

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Annex 3

COMPARISON TABLE OF STATUTORY IMPLIED TERMS IN CONTRACTS FOR THE SALE AND SUPPLY OF GOODS

Jurisdiction

Type of

contract

Statute

Title/

possession

Correspondence with Description

Merchantable

Quality

Fitness for Purpose

Correspon-dence with Sample

Australia (Commonwealth)

Supply of goods1

Trade Practices Act 1974

s 69

s 70

s 71(1)

s 71(2)

s 72

Hong Kong

Sale of goods

Sale of Goods Ordinance (Cap 26)

s 14

s 15

s 16(2)

s 16(3)

s 17

259

New Zealand

Supply of goods2

Consumer Guarantees Act 1993

s 5

s 9

s 6 & s 73

s 8

s 10

England & Wales

Sale of goods

Sale of Goods Act 1979

s 12

s 13

s 14(2)4

s 14(3)

s 15


Transfer of property in goods other than sale or hire-purchase

Supply of Goods and Services Act 1982

s 2

s 3

s 4(2)4

s 4(4)

s 5


Hire-purchase

Supply of Goods (Implied Terms) Act 1973

s 8

s 9

s 10(2)4

s 10(3)

s 11


Hire

Supply of Goods and Services Act 1982

s 7

s 8

s 9(2)4

s 9(4)

s 10




1 "Supply" is defined, in relation to goods, as including supply by way of sale, exchange, lease, hire or hire-purchase in s4, Trade Practices Act 1974.
2 "Supply" is defined, in relation to goods, as meaning supply by way of gift, sale, exchange, lease, hire or hire-purchase in s2, Consumer Guarantees Act 1993.
3 The term "acceptable quality" instead of "merchantable quality" is used.
4 The term "satisfactory quality" instead of "merchantable quality" is used.