Contracts for Sale of Goods (11:III): Difference between revisions
Jump to navigation
Jump to search
Contracts for Sale of Goods (11:III) (view source)
Revision as of 20:06, 12 August 2020
, 12 August 2020→d) Implied Condition of Fitness for Buyer’s Purpose: s 18(a)
| Line 92: | Line 92: | ||
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/bcpc/doc/2006/2006bcpc265/2006bcpc265.html?resultIndex=1 Sugiyama v Pilsen]'' 2012 BCSC 1412, para 65): | |||
https://www.canlii.org/en/bc/ | |||
#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 | ||