Already have an account? Get multiple benefits of using own account!
Login in your account..!
Remember me
Don't have an account? Create your account in less than a minutes,
Forgot password? how can I recover my password now!
Enter right registered email to receive password!
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"
Define the term - Inaction and crises We know that the standard social planner does not show and delay or have tendency of inaction and adopts a policy as soon as it is proved
Criminal Law: However criminal law has been defined as the law of crimes. So a crime has been defined just like an act or omission or committed, omitted in violation of publi
Question: Joe is the regional manager of a multinational company operating in your country. This business manufactures toys for children and sells them in several other countri
Question: You are the manager of a restaurant and receive a letter from a customer complaining about the quality of service and the rudeness of one member of your staff. You ha
Myra, another student, was very unhappy with her grade on the midterm. The following week, she arrived at the class about 20 minutes early and waited for the instructor t
Shares Issued At A Premium: A company may at times issue its shares at a price above their nominal value, i.e at a premium. This may be necessitated by the fact that the compa
Learning Outcomes: • Demonstrate knowledge of the basic elements of a contract • Demonstrate knowledge of which of those elements are pertinent to potential disputes within thi
Directors liability: This was fraudulent preference and the bank must repay the sums received. The directors' liability under their guarantee to the bank then revived. A paym
Determine the implications of the legislature Policy outcomes are the result of legislative bargaining. So policy becomes a compromise between the executive and the legislature
Form of reconstruction: Where one company transfers its undertaking (and assets) to another company in exchange for shares to be alloted direct or distributed to the members o
Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!
whatsapp: +91-977-207-8620
Phone: +91-977-207-8620
Email: [email protected]
All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd