Saturday, May 11, 2019
The Term Quality of Goods Case Study Example | Topics and Well Written Essays - 1250 words
The verge Quality of Goods - Case Study ExampleThe major implied terms in contracts of change are that goods moldiness be in conformity with their description appropriate for the purpose do known to the seller should be of satisfactory quality, and the seller should train the right to sell these goods. Under section 13 of the Sale of Goods spiel 1979, goods that have non been correctly described can be rejected only in the government issue of the buyer relying on such description. In contracts specifying the sale of goods by description a condition that these goods have to correspond to the description is inherent by implication. In Beale v Taylor2 the buyer purchased a vehicle later on inspection, which had been described by the seller. The court held that this was a sale by description. In Harlingdon & Leinster Enterprises Ltd v Christopher Hull delightful Art Ltd3 a transaction between two art dealers was not considered to be a sale by description as the buyer was compete nt to rely on his own expertise to appreciate the value of the painting. In goods sold to a buyer, an implied term exists, which requires that these goods should be appropriate for any purpose that has been made known to the seller.4 Applicability extends to instances where the purpose is express or implied only when the sale is in the course of business. It does not apply if the buyer decides on his own without relying on the sellers skill or judgment. Sometimes the goods received, though easy of defects, nevertheless, do not serve the purpose for which they had been bought and the seller knew about this fact. In Slater v Finning Ltd5 it was held that if an brachydactylous feature had not been revealed to the seller a claim under section 14(3) of the SGA would fail.
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