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

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.

Environmental Legislation in European and International Contexts: Legal Practices and Social Planning toward the Circular Economy

“…In such a context, the regulation of many types of energy-consuming products can be accomplished, providing that they meet generic or specific measures concerning their use of energy. The aim is to reduce their environmental impact, improve their energy efficiency, and cut greenhouse gas emissions (Beheshti 2020). (b) The issue of protecting the rights of workers in the field of waste processing, regarding the creation of unified rules and standards, and as a result, the implementation of the developed norms in national legislation (Ilyassova et al 2020).…”

“…In this sense, states have played a determining role that transcends territorial boundaries, requiring that international agreements be established for uniform mechanisms of accreditation of promoted practices, fines, and benefits adhering to the movement of CE (Da Rosa and Ramos 2018). Therefore, while inhibiting and encouraging the behavior of state, private, and corporate agents, it is vital, first the suitable design of culturally acceptable mechanisms of sanctions and benefits offered (Da Rosa and Ramos 2018) and, second, products design their relationship with the legislative framework governing parties' rights and duties in the context of the sale of goods transactions (Beheshti 2020). Toward the environmental considerations of social planning it is indicatively noted:…”

“…As such, it is unacceptable that the seller may seek to eschew its obligation by showing that it has received inadequate information from the buyer. Based on recent judicial decisions reported in literature (Beheshti 2020), the buyer should ensure that his/her full intention to use goods for a particular purpose is properly conveyed to the seller. However, a critique of the buyer must explicitly communicate explicitly its particular purpose to enhance the seller's knowledge so that the buyer can safely rely on the seller's skill and judgment, it is treated with skeptism, since this argumentation may appear restrictive and commercially unrealistic (Beheshti 2020).…”

“…Based on Table 3, it is noteworthy that among the aforementioned key aspects a legal issue of high social interest toward "services" dimension of the CE, it is the development of a contractual framework for the sale of goods in order to investigate whether the national sales law regime can promote a circular business model (Beheshti 2020). The main constraint of such a contractual framework development is the absence of rules and regulations requiring manufacturers produce goods compliant with the CE, implying that, in the case of UK, English Sale of Goods Act has limited capacity to hold manufacturers accountable, but vulnerable to manufacture goods compliant with the CE (Beheshti 2020). Therefore, in investigating the terms abided to national sales law from the CE prospect, buyers should ensure that their particular intention of obtaining goods compliant with the CE is fully communicated to the manufacturers (Beheshti 2020).…”

“…The main constraint of such a contractual framework development is the absence of rules and regulations requiring manufacturers produce goods compliant with the CE, implying that, in the case of UK, English Sale of Goods Act has limited capacity to hold manufacturers accountable, but vulnerable to manufacture goods compliant with the CE (Beheshti 2020). Therefore, in investigating the terms abided to national sales law from the CE prospect, buyers should ensure that their particular intention of obtaining goods compliant with the CE is fully communicated to the manufacturers (Beheshti 2020). Another critical issue of legal interest at the "service" dimension is the examination of those creation mechanisms, through the legal system, which can induce the appropriate behavior to the effectiveness and expansion of the premises of the CE.…”