Difference between revisions of "Contracts for Sale of Goods (11:III)"

Contracts for Sale of Goods (11:III) (view source)

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 ==== f) Implied Conditions in Sales by Sample: s 19 ====
-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) the bulk must correspond with the sample in quality;
+# The bulk must correspond with the sample in quality;
-*ii) the buyer or lessee must have a reasonable opportunity of comparing the bulk with the sample; and
+# The buyer or lessee must have a reasonable opportunity of comparing the bulk with the sample; and
-*iii) the goods must be free from any defect rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
+# 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.