Contracts for Sale of Goods (11:III): Difference between revisions
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Contracts for Sale of Goods (11:III) (view source)
Revision as of 00:36, 6 August 2021
, 6 August 2021→f) Implied Conditions in Sales by Sample: s 19
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==== f) Implied Conditions in Sales by Sample: s 19 ==== | ==== f) Implied Conditions in Sales by Sample: s 19 ==== | ||
For a contract to be a sale by sample, there must be | 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): | Three implied conditions of a sale or lease by sample are set out in s 19(2): | ||
# The bulk must correspond with the sample in quality; | |||
# The buyer or lessee must have a reasonable opportunity of comparing the bulk with the sample; and | |||
# 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. | ||
