5,109
edits
Difference between revisions of "Contracts for Sale of Goods (11:III)"
Jump to navigation
Jump to search
Contracts for Sale of Goods (11:III) (view source)
Revision as of 04:27, 13 August 2016
, 04:27, 13 August 2016→f) Implied Conditions in Sales by Sample: s 19
| Line 131: | Line 131: | ||
For a contract to be a sale by sample, there must be “an express or implied term in the contract to that effect” (s 19(1)). | For a contract to be a sale by sample, there must be “an express or implied term in the contract to that effect” (s 19(1)). | ||
Three implied conditions of a sale or lease by sample are set out in s 19(2): | |||
*i) | *i) the bulk must correspond with the sample in quality; | ||
*ii) | *ii) the buyer or lessee must have a reasonable opportunity of comparing the bulk with the sample; and | ||
*iii) | *iii) the goods must be free from any defect rendering them unmerchantable, which would not be apparent on reasonable examination of the sample. | ||
The last condition can only be relied upon where the defect would not have been apparent on a hypothetical reasonable examination. Contrast this with the s 18(b) condition of merchantability for sales by description, where the buyer’s '''actual''' examination is considered. | The last condition can only be relied upon where the defect would not have been apparent on a hypothetical reasonable examination. Contrast this with the s 18(b) condition of merchantability for sales by description, where the buyer’s '''actual''' examination is considered. | ||