10

Application of Sales of Goods Act

Ralph wanted a portrait of his whole family. Ralph had seen a family portrait at his friends house which he liked very much. Ralph contacted the painter Margaret, and they agreed that Margaret would paint a family portrait for Ralph, similar to the one she had painted for Ralphs friend, based on a photograph.

When the painting was finished, Ralph was very upset. The painting was cartoonish compared to the more lifelike painting that he had seen at his friends house, and it was much smaller. Ralph does not want to pay Margaret for the painting, and insists that she has breached their contract, including the terms implied by the Sale of Goods Act. Margaret insists that Ralph must pay for the painting and argues that the provisions of the Sale of Goods Act do not apply to their transaction. How will this dispute be resolved? Does the Sale of Goods Act apply to the transaction? If so, what implied terms are relevant?