Correspond with description - terms used in contract, Business Law and Ethics

Correspond With Description - Terms Used In Contract

With S.15 provides that, where goods are sold through description whether is an implied matter that the goods correspond with the description. Further A sale is through description when: like;

(a) The goods are unascertained or are future goods. And one is

(b) The goods are specific although are bought like; "a thing corresponding with specific description" there.

An illustration is provided through Varley v Whipp in whereas the defendant agreed to buy from such the plaintiff a second-hand reaping machine such was stated to have been new the previous year and such hardly used at all there. Therefore the defendant had not seen the machine that at the time of the sale. Whether he later reject to accept it so like on the ground such it did not correspond about the description. Further the court agreed that the machine did not like correspond with its description and with held that the defendant was not liable about the price. Conversely the judge stated, inter alia, that the phrase "sale through description" must apply  for like; "all cases whether the purchaser has not seen the goods although is relying on the description alone".

Instance of (b) is provided through Grant v Australian Knitting Mills Limited (1936) in whether the plaintiff went for the defendant's shop and asked to a pair of long woollen underwear. However the goods were displayed at the counter before him and like then a sales assistant selected a pair such he bought. Because the underwear contained an excess of sulphite and plaintiff contracted dermatitis then wearing it. Whether the chemical should have been removed before such the underwear was sold although this had not been done. Through description and sale it was held.

However the judge stated: like; "There is a sale through description even nevertheless the buyer is buying something displayed just before him on counter: like; a thing is sold through description and that it is specific then long as it is sold not simply as the specific thing although a thing corresponding to a description like; e.g. woollen undergarments, like a hot-water bottle, like a second-hand reaping machine"

Posted Date: 1/31/2013 3:15:18 AM | Location : United States







Related Discussions:- Correspond with description - terms used in contract, Assignment Help, Ask Question on Correspond with description - terms used in contract, Get Answer, Expert's Help, Correspond with description - terms used in contract Discussions

Write discussion on Correspond with description - terms used in contract
Your posts are moderated
Related Questions
What is the difference between the plain meaning and the liberal approaches to the interpretation of contracts? Provide me with an example of each to show me you understand the dif

Authority of Precedent - Statement of Salmond There writing on the authority of the precedent Salmond has stated as follows like; "The importance of judicial precedent has

Types of General Meeting: The Statutory Meeting           By section 130 every public company limited by shares and every public company limited by guarantee and having a

Two very important resolutions which had a great impact on description of terrorism UNSC has also declared incitement as an offence. The interpretation of terrorism formulated

Class Meetings: "Class meetings" are not provided for by the Act.  however, a class meeting may be held pursuant to the provisions of the company articles of association, if a

Legal Profession - Judges However in general speaking that judges of the High Court of Kenya are appointed from among advocates of in case of seven years' standing as like i.e

Labour Laws: The small units manufacturing items reserved for manufacture in small scale sector do not require any prior license. This is a major relaxation where no licensing or

Negotiable Instruments - Law of Contract However past services may constitute valuable consideration to a bill of exchange under by s.27 of the Bills of Exchange Act that prov

Ejusdem generis rule: Therefore this rule states whereas simple words in an Act obeyed particular words, the general words are to be made as being limited to the persons or th

Formation of Contract - Law of Contract However a legally binding agreement prepared between two or persons or more parties.  Whereas it has also been explained as a promise o