The circular economy and the implied terms of contract in English sales law
Journal of Property, Planning and Environmental Law
ISSN: 2514-9407
Article publication date: 16 November 2020
Issue publication date: 18 March 2021
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.
Keywords
Acknowledgements
The author would like to thank Dr Sean Thomas for inspiring him in conducting research concerning the relationship between the law of sale of goods and the Circular Economy. He is grateful to the peer reviewers for their helpful comments on earlier drafts of this article. He is also particularly thankful to his wife, Narjes Golestani, for all her invaluable kindness and support. The usual disclaimer applies.
Citation
Beheshti, R. (2021), "The circular economy and the implied terms of contract in English sales law", Journal of Property, Planning and Environmental Law, Vol. 13 No. 1, pp. 31-45. https://doi.org/10.1108/JPPEL-09-2020-0042
Publisher
:Emerald Publishing Limited
Copyright © 2020, Emerald Publishing Limited