The circular economy and the implied terms of contract in English sales law. Issue 1 (16th November 2020)

• Record Type: Journal Article
• Authors: Beheshti, Reza
• Is Part Of: Journal of property, planning and environmental law. Number 13:Issue 1(2021)
• Page Start: 31
• Page End: 45
• Publication Date: 2020-11-16
• Subjects: Circular economy -- Buyer's rights -- English sale of goods -- Implied terms -- Satisfactory quality -- Seller's duties; Building laws -- Periodicals; Construction industry -- Law and legislation -- Periodicals; Planning -- Law and legislation -- Periodicals; Real property -- Periodicals; 346.04
• DOI: 10.1108/JPPEL-09-2020-0042
• Languages: English
• ISSNs: 2514-9407

Abstract

Abstract : Purpose: The purpose of this article is to examine the contractual framework for the sale of goods in order to gauge whether the English sales law regime can promote a circular business model. Design/methodology/approach: Theoretical and doctrinal legal analysis. Findings: Due to the absence of rules and regulations requiring manufacturers produce goods compliant with the circular economy (CE), English Sale of Goods Act has limited capacity in holding manufacturers accountable and liable in failing to manufacture goods compliant with the CE. The only currently practical solution for this gap is that the buyers should ensure that their particular intention of obtaining goods compliant with the CE is fully communicated to manufacturers. Originality/value: This is the first examination of the implied terms of English sales law from the perspective of the CE.