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"
I don''t know how to make a maxim. And my case is
A prominent Golfer was caught allegedly cheating on his wife. The evidence consists of emails and text messages from alleged paramours. The golfer has major endorsement contracts w
Golden rule: Conversely the so-called 'golden' rule will be utilized through the court in order to avoid arriving on an absurd decision under the literal rule of construction.
Stakeholders felt the working definition was broadly appropriate. It was also noted that the Treasury definition, used as the working definition, has been endorsed by the ATO. A nu
Publication of Bills in the England Gazette: Such there order 98 which offers that no Bill shall be intract unless it has been published in the Gazette and a certain time of f
Provision of Fiduciary Duties - company management: This provision is supplemented by Article 84 of Table A which provides that- i. The director shall not vote in respect
QUESTION (i) Write on the health and safety issues in the hospitality industry (ii) Describe the hierarchy of courts in Mauritius and explain what you understand by the doct
Describe the principal-agent framework In standard principal-agent framework an agent may be directed to maximize an objective function which may or may not be different from
Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4
Hire-Purchase Law A person who wants to buy goods through does not have the like "money consideration" prescribed through the Sale of Goods Act like their price may enter in a
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