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

Reza Beheshti (University of Nottingham, Nottingham, UK)

Journal of Property, Planning and Environmental Law

ISSN: 2514-9407

Article publication date: 16 November 2020

Issue publication date: 18 March 2021

239

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

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Emerald Publishing Limited

Copyright © 2020, Emerald Publishing Limited

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