Page 150 - DCOM103_COMMERCIAL_LAW

Unit 15: Conditions and Warranties

Notes
Examples: (a) In an auction sale of a set of napkins and table cloths, these were described
as ‘dating from the seventh century’. The buyer bought the set after seeing it. Subsequently he
found the set to be an eighteenth century set. Held, he could reject the set [Nicholson & Venn v.
Smith Marriott. (1947) 177 L.T. 189].
(b) A car was advertised for sale as a “Herald Convertible, 1961 model”. The buyer saw the car
before buying it. After buying the car, he discovered that while the rear part of the car was part
of a 1961 model, the front half was part of an earlier model. Held, he could return the car [Beale
v. Taylor, (1967) 3 All E.R 253].
(3) Packing goods may sometimes be a part of the description.

Example. M sold to L 300 tins of Australian fruits packed in cases each containing 30
tins. M tendered a substantial portion in cases containing 24 tins. Held, L could reject all the tins
as the goods were not packed according to the description given in the contract as the method in
which the fruit was packed was an essential part of the description [Moore & Co. v. Landauer & Co.,
(1921) 2 K.B. 519].
Sale by description as well as by sample. Sec. 15 further provides that if the sale is by sample as

well as by description, it is not sufficient that the bulk of the goods corresponds with the sample
if the goods do not also correspond with the description. This means the goods must correspond
both with the sample and with the description.

Examples. (a) In a contract for the sale of a quantity of seed described as “Common
E!1glish Sainfoin”, the seed supplied was of a different kind, though the difference was not
discoverable except by sowing. The defect also existed in the sample. Held, the buyer was entitled
to recover damages for the breach of condition [Wallis v. Pratt, (1911) A.C. 394].

(b) N agreed to seil to G some oil described as “foreign refined rape oil, warranted only equal
to sample”. The goods tendered were equal to sample, but contained an admixture of hemp oil.
Held, G could reject the goods [Nichol v. Godts, (1854) 10 Ex. 191].

3. Condition as to quality or fitness [Sec. 16 (1)]. Normally, in a contract of sale there is no
implied condition as to quality or fitness of the goods for a particular purpose. The buyer must

examine the goods thoroughly before he buys them in order to satisfy himself that the goods will
be suitable for the purpose for which he is buying them. The following points should, however,
be noted in this regard:

(1) Where the buyer, expressly or by implication, makes known to the seller the particular
purpose for which he needs the goods and depends upon the skill and judgment of the seller
whose business it is to supply goods of that description, there is an implied condition that the
goods shall be reasonably fit for that purpose [Sec. 16 (1)].

Example. An order was placed for some lorries to be used “for heavy traffic in a hilly area”.
The lorries supplied were unfit and break down. There is breach of condition as to fi tness.

(2) If the buyer purchasing an article for a particular use is suffering from an abnormality and it is

not made known to the seller at the time of sale, implied condition of fitness does not apply.

Example. G purchased a tweed coat which caused her dermatitis (inflammations of the
skin) due to her unusually sensitive skin. Held, the seller was not liable, the cloth being fi t for
anyone with a normal skin [Griffi ths v. Peter Conway Ltd., (1939) 1 All E.R. 685].

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