Difference between revisions of "Contracts for Sale of Goods (11:III)"
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Under s 18(a), if: | Under s 18(a), if: | ||
:a) The buyer expressly or by implication makes known to the seller the particular <u>purpose</u> for which the goods are required, so as to show that they rely on the <u>seller’s skill and judgment</u>; and | :(a) The buyer expressly or by implication makes known to the seller the particular <u>purpose</u> for which the goods are required, so as to show that they rely on the <u>seller’s skill and judgment</u>; and | ||
:b) The goods are of a description which it is in the course of the <u>seller’s business</u> to supply; | :(b) The goods are of a description which it is in the course of the <u>seller’s business</u> to supply; | ||
then there is an implied '''condition''' that the goods are necessarily fit for such purpose. An '''exception''' occurs where the contract is for the sale of a specified article under its patent or trade name, in which case there is no implied condition as to its fitness for any particular purpose because the buyer is no longer relying on the seller’s skill and judgement. | then there is an implied '''condition''' that the goods are necessarily fit for such purpose. An '''exception''' occurs where the contract is for the sale of a specified article under its patent or trade name, in which case there is no implied condition as to its fitness for any particular purpose because the buyer is no longer relying on the seller’s skill and judgement. | ||