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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 20:09, 12 August 2020
, 20:09, 12 August 2020→(3) Seller who Deals in Goods of that Description
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===== (3) Seller who Deals in Goods of that Description ===== | ===== (3) Seller who Deals in Goods of that Description ===== | ||
In addition to requiring that the sale be by description, section 18(b) also requires that the seller must “deal in goods of that description.” In ''[[2011 BCSC 927|Hartmann v McKerness]]'', 2011 BCSC 927, a seller sold a watch by description over eBay and was sued for violating the implied condition of merchantability in section 18(b). In paragraphs 43-47, the BC Supreme Court held that the eBay seller was not a seller “who dealt in goods of that description” for the purpose of 18(b), as he did not specialize in watches, but rather sold a large variety of goods. | In addition to requiring that the sale be by description, section 18(b) also requires that the seller must “deal in goods of that description.” In ''[[2011 BCSC 927|Hartmann v McKerness]]'', 2011 BCSC 927, a seller sold a watch by description over eBay and was sued for violating the implied condition of merchantability in section 18(b). In paragraphs 43-47, the BC Supreme Court held that the eBay seller was not a seller “who dealt in goods of that description” for the purpose of 18(b), as he did not specialize in watches, but rather sold a large variety of goods. | ||
===== (4) Effect of Examination by the Buyer ===== | ===== (4) Effect of Examination by the Buyer ===== | ||