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Application of Sales of Goods Act

Ralph wanted a portrait of his whole family. Ralph had seen a
family portrait at his friend’s 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 Ralph’s 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 friend’s 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?


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