Fitness for purpose - sales of goods, Business Law and Ethics

Fitness for Purpose - Sales of Goods

However that goods such are bought for a particular purpose that are reasonably fit about that purpose:(S.16 (a))like Whether this condition is implied only if: like;

  • The specific purpose was made known with the seller, expressly or through implication. Therefore this is illustrate by: like;

 

Baldry v Marshall (36) like in the purpose was expressly made just known to that seller.

Priest v Last (37) in the purpose was deemed for have been impliedly made just known to seller there.

  • The goods are of a explanation where it is in the course of the like seller's business for supply there.
  • However this provision limits liability about manufacturers, like to wholesalers, like to retailers and to dealers. Further private sales of second-hand goods such are presumably excluded from operation so.
  • The buyer relied at the seller's skill or judgement. Further the reliance will normally be assumed, and is standing on the fact like such selling the goods is that the seller's profession or his business.

Since Section 16 (a) contains the words like "whereas he be the manufacturer or not" like the case of as Frost v Aylesbury Dairy Company (38) whereas shows such the liability which it imposes is never restricted to manufactured goods then and may, should in appropriate cases, apply just to non-manufactured goods like well. Perhaps that is presumably so then the words are put in such brackets.

Exception

Therefore the seller would not be liable whether he proves such the goods were sold below a patent or other trade name like such was explained in as Bristol Tramway Company Limited v Fiat Motors (39) like so and such the buyer did not rely at his skill and judgement, such  explained in like Baldry v Marshall (36) also.

Posted Date: 1/31/2013 4:58:48 AM | Location : United States







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