Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Where professional (or even non-professional) services are being provided, certain terms are implied into the contract for services under the Supply of Goods and Services Act 1982 (or “SGSA 1982”). This post will take a look at the following 3 elements:

  1. In what circumstances does the Supply of Goods and Services Act 1982 apply?
  2. What terms does the SGSA 1982 imply?
  3. What other terms are generally implied into contracts for services?

A worked example will then be used to illustrate the application of the law to the facts.

The particular terms implied will be investigated in further posts.

In what circumstances does the Supply of Goods and Services Act 1982 apply?

The SGSA 1982 is implied into any contract for services. The relationship between the parties is immaterial so it can apply to:

  • Business to business contracts
  • Business to consumer contracts
  • Consumer to consumer contracts (Chaudry v Prabakhar [1982])

However, the implied terms cannot come into effect if there are no express terms – the SGSA 1982 doesn’t attempt to control the whole contract. There may also be terms implied into the contract under common law.

What terms does the Supply of Goods and Services Act 1982 imply?

The SGSA 82 implies three main terms:

  1. That the work will be carried out with reasonable care and skill
  2. That the work will be carried out within a reasonable time
  3. That the work will be carried out for reasonable payment

Generally, what is reasonable in the circumstances depends on the particular facts of the matter at hand.

What other terms may generally be implied into a contract for services?

  • That neither party will attempt to gain an unfair advantage over the other when consideration is controlled by a third party
  • Where there is no express term relating to termination that a contract for service may be terminated where reasonable notice is given
  • That a contracting party that has breached the contract should inform the other party (or parties) of his breach

Worked example

Andy, a freelance graphic designed, agrees to supply a graphic design to Bulldog Ltd. Bulldog Ltd design and construct skateboards for  professionals and they have been contracted by Chris (a professional skateboarder) to provide a new skateboard to him within one month.

There’s no written contract between Andy and Bulldog Ltd but Bulldog Ltd stipulated that they want the graphic design provided to them within 2 weeks. This is a big chance for Andy and he doesn’t want to muddy the water by asking how much he will be paid. Unknown to Andy, Bulldog Ltd have also contracted with Dave to fulfil another element of the design process. However, Dave has fallen ill and Bulldog Ltd have panicked. They demand that Andy provide them with the preliminary graphic design sketches within 3 days. Flustered, Andy has to hurry to meet the deadline and doesn’t produce his best work. Bulldog Ltd are extremely unhappy and tell him that they won’t pay for his work.

Andy has a remedy under the SGSA 1982. He has attempted to provide his work with reasonable care and skill in the particular constrained circumstances. He is also under a duty to provide the services within a reasonable time and should be paid a reasonable amount to do so. He has provided the work within a reasonable time (in the circumstances) and is entitled to be paid a reasonable amount.

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

 

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.78 Average

    269 Reviews

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 4 days ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 1 month ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 1 month ago

    Sanja K

    Very efficient and professional service.

    Posted 1 month ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 1 month ago

    Karen T

    Great service. Thank you.

    Posted 1 month ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 1 month ago

    Shanine M

    Excellent service, thank you so much!

    Posted 1 month ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 1 month ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 month ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 month ago

    Anonymous

    Great job done on my employment law

    Posted 1 month ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 1 month ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 1 month ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 1 month ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 2 months ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 months ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 months ago