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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 20:08, 12 August 2020
, 20:08, 12 August 2020→d) Implied Condition of Fitness for Buyer’s Purpose: s 18(a)
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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. | 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. | ||
To establish a claim under s 18(a) of the SGA, three factors must be satisfied on a balance of probabilities ( | To establish a claim under s 18(a) of the SGA, three factors must be satisfied on a balance of probabilities (''[https://www.canlii.org/en/bc/bcsc/doc/2012/2012bcsc1412/2012bcsc1412.html?autocompleteStr=Nikka%20Traders%20&autocompletePos=1 Nikka Traders Inc v Gizella Pastry Ltd]'', 2012 BCSC 1412, para 65): | ||
''[https://www.canlii.org/en/bc/bcsc/doc/2012/2012bcsc1412/2012bcsc1412.html?autocompleteStr=Nikka%20Traders%20&autocompletePos=1 Nikka Traders Inc v Gizella Pastry Ltd]'', 2012 BCSC 1412, para 65): | |||
#that the buyer has made known to the seller the purpose for which it requires the goods; | #that the buyer has made known to the seller the purpose for which it requires the goods; | ||
#the dissemination of that purpose shows that the buyer relies on the seller’s skill or judgment; and | #the dissemination of that purpose shows that the buyer relies on the seller’s skill or judgment; and | ||
