The term quality of goods connotes their state, condition and under apposite instances, “fitness for all the purposes for which goods of the kind in question are commonly supplied; appearance and finish; freedom from minor defects; safety; durability.1” However, implied…
chaser in a manner which would have revealed the defects; or in contracts for sale by sample, any matter that a reasonable examination should have revealed. The major implied terms in contracts of sale are that goods must be in conformity with their description; appropriate for the purpose made known to the seller; should be of a satisfactory quality; and the seller should have the right to sell these goods.
Under section 13 of the Sale of Goods Act 1979, goods that have not been correctly described can be rejected only in the event of the buyer relying on such description. In contracts specifying sale of goods by description a condition that these goods have to correspond to the description is inherent by implication.
In Beale v Taylor2 the buyer purchased a vehicle after inspection, which had been described by the seller. The court held that this was a sale by description. In Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd3 a transaction between two art dealers was not considered to be a sale by description as the buyer was competent to rely on his own expertise to assess the value of the painting.
In goods sold to a buyer, an implied term exists, which requires that these goods should be appropriate for any purpose that has been made known to the seller.4 Applicability extends to instances where the purpose is express or implied; only when sale is in the course of business. It does not apply if the buyer decides on his own without relying on the sellers skill or judgment.
Sometimes the goods received, though free of defects, nevertheless, do not serve the purpose for which they had been bought and the seller knew about this fact. In Slater v Finning Ltd5 it was held that if an abnormal feature had not been revealed to the seller a claim under section 14(3) of the SGA would fail. The reason for which goods are bought can be implied as well as expressed. If goods can be used only for one purpose then it is not necessary for the customer ...
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