The circular economy and the implied terms of contract in English sales law

Beheshti, Reza

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. Examination of the contractual framework for the sale of goods 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.

Citation

Beheshti, R. (2021). The circular economy and the implied terms of contract in English sales law. Journal of Property, Planning and Environmental Law, 13(1), 31-45. https://doi.org/10.1108/JPPEL-09-2020-0042

• Journal Article Type: Article
• Acceptance Date: Oct 2, 2020
• Online Publication Date: Nov 16, 2020
• Publication Date: Mar 18, 2021
• Deposit Date: Dec 3, 2020
• Publicly Available Date: Jan 21, 2021
• Journal: Journal of Property, Planning and Environmental Law
• Print ISSN: 2514-9407
• Electronic ISSN: 2514-9407
• Publisher: Emerald
• Peer Reviewed: Peer Reviewed
• Volume: 13
• Issue: 1
• Pages: 31-45
• DOI: https://doi.org/10.1108/JPPEL-09-2020-0042
• Keywords: Circular economy, Buyers rights, English sale of goods, Implied terms. satisfactory quality, sellers duties
• Public URL: https://nottingham-repository.worktribe.com/output/5068967
• Publisher URL: https://www.emerald.com/insight/content/doi/10.1108/JPPEL-09-2020-0042/full/html