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. 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.