Köprätt 1

Introduction to Sales Law

Welcome and Overview

• Ludwig Tana introduces himself as a lecturer and business lawyer at Råslek AB, welcoming attendees to the lecture on sales law.

• The initial discussion raises questions about payment obligations in the absence of a purchase agreement, setting the stage for exploring fundamental concepts in sales law.

Legal Framework

• The starting point for understanding sales law is SFS 1990:931, which outlines the legal framework governing sales transactions.

• The applicability of sales law is primarily focused on transactions involving movable property (lös egendom), specifically consumer purchases.

Scope of Sales Law

Types of Transactions Covered

• Sales law applies not only to direct purchases but also to orders for goods that are manufactured or customized, with certain exceptions noted.

• A significant aspect discussed is that if a purchase involves both movable property and services, the primary nature of the transaction determines whether sales law applies.

Definition of Movable Property

• Movable property is defined as anything that is not real estate or attached to land; this includes items like personal belongings and rights associated with them.

• Examples include residential rights and other forms of ownership that qualify under movable property regulations.

Application Between Parties

Interactions Between Individuals

• Sales law governs transactions between private individuals; however, it can also apply when businesses engage in transactions with each other or with consumers.

Consumer Protection Laws

• In cases involving consumer purchases, specific consumer protection laws take precedence over general sales laws.

Nature of Contracts

Contractual Flexibility

• Sales law serves as a supplementary framework allowing parties to define their agreements while providing default rules where necessary.

Pricing Agreements

• If parties do not agree on pricing within their contract, sales law stipulates that a reasonable price should be applied based on market conditions.

Principles Governing Transactions

Simultaneous Performance Principle

• A key principle discussed is simultaneous performance—both payment and delivery must occur concurrently unless otherwise agreed upon by the parties involved.

Rights Upon Non-Payment

• Sellers are not obligated to deliver goods until they receive payment. Conversely, buyers may refuse payment if goods have not been delivered as per agreement.

Remedies for Breach

Right to Withhold Performance

• Buyers have the right to withhold performance (payment or acceptance of goods), especially if there’s suspicion regarding the seller's ability to fulfill contractual obligations due to insolvency issues.

Primary Obligations

• Key obligations include timely delivery by sellers and prompt payment by buyers. Both parties must ensure compliance with quality standards outlined in their agreements.

Defects in Goods

Types of Defects

• Discussion shifts towards defects in sold goods—specifically distinguishing between concrete defects (specific deviations from agreed terms such as quality or characteristics).

Concrete vs. Abstract Defects

Understanding Consumer Rights in Vehicle Purchases

The Importance of Correct Delivery

• When purchasing a vehicle, it is essential that the car is delivered correctly as per the agreement. If not, this can lead to legal implications regarding the sale.

• According to paragraph 18 of consumer law, if the product does not match the advertised specifications, it is considered defective. This includes discrepancies between what was promised and what was delivered.

Misrepresentation and Seller Obligations

• If a seller makes specific claims about a product that are not met upon delivery, this constitutes a breach of contract under consumer protection laws.

• Consumers must be aware that they cannot claim defects after accepting delivery if they had prior knowledge or were advised to inspect the vehicle before purchase.

Inspection Responsibilities

• Under paragraph 200 of sales law, buyers have an obligation to inspect goods upon receipt. Failure to do so may limit their rights regarding any defects discovered later.

• Buyers should conduct thorough inspections as soon as possible after receiving goods to ensure compliance with contractual obligations.

Risk Transfer and Liability

• The transfer of risk from seller to buyer occurs at delivery; thus, sellers are only liable for defects present before this point. After risk transfer, buyers assume responsibility for any issues arising.

Notification of Defects