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Difference between revisions of "Contracts for Sale of Goods (11:III)"
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Contracts for Sale of Goods (11:III) (view source)
Revision as of 20:13, 29 August 2023
, 20:13, 29 August 2023→e) Implied Condition of Merchantable Quality: s 18(b)
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# From a <u>seller who deals</u> in goods of that description, the seller is bound by an implied '''condition''' that the goods are of merchantable quality. | # From a <u>seller who deals</u> in goods of that description, the seller is bound by an implied '''condition''' that the goods are of merchantable quality. | ||
'''The Concept of Merchantable Quality''' | |||
The concept of merchantable quality is difficult to define. A commonly used test, the price abatement test, asks whether a reasonable buyer, informed of the actual quality of the goods, would buy the goods without a substantial abatement of price ([https://www.bailii.org/uk/cases/UKHL/1970/1970_SC_HL_51.html ''BS Brown & Son v Craiks Ltd'', [1970<nowiki>]</nowiki> 1 All ER 823 (HL)]). If the informed reasonable buyer would not buy without a substantial abatement of price, unmerchantable quality is inferred, and repudiation may be available. | The concept of merchantable quality is difficult to define. A commonly used test, the price abatement test, asks whether a reasonable buyer, informed of the actual quality of the goods, would buy the goods without a substantial abatement of price ([https://www.bailii.org/uk/cases/UKHL/1970/1970_SC_HL_51.html ''BS Brown & Son v Craiks Ltd'', [1970<nowiki>]</nowiki> 1 All ER 823 (HL)]). If the informed reasonable buyer would not buy without a substantial abatement of price, unmerchantable quality is inferred, and repudiation may be available. | ||
