Monday, November 18, 2019

Law of Sale Case Study Example | Topics and Well Written Essays - 2000 words

Law of Sale - Case Study Example Going through the facts of the case, we find that there is breach of implied condition on the part of the seller. According to the contract of sale, if there is a sale by sample as well as by description it is not sufficient that the bulk of goods correspond with the sample if the goods do not correspond with the description. That is to say, incase of sale by sample as well as description the goods must correspond not only with the sample, they must also correspond with the description given under the contract. Held that the buyers were entitled to demand goods answering the description in the contract, and were not bound to accept the goods tendered merely because they were merchantable under that description. Therefore Susan was being offered the product by the sales assistant by description which later failed to serve the purpose on which she had bought. According to the sale of goods Act 1979, a seller will be held liable "were the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the sellers skill or judgment and the goods are of a description which it is in the course of the seller's business to supply, there is an implied condition that the goods shall be reasonably fit for such purpose. Further where goods are bought by description from a seller who deals in goods of that description there is an implied condition that the goods shall be of merchantable quality" 3 This can further be illustrated Henry Kendall v. William Lillico 1968 2 All ER 444 4 where animal food was being made using groundnut extractions from Brazil. The Brazilian food was contaminated by a poison Aflutoxin . At the time there was no reason to suspect that any ground next extractions might contain poison. P, Hardwick game farm, raised pheasant and many of them died from the poison which was contained in food supplied by a local compounder, SAPPA. SAPPA settled but first brought in its suppliers, Grins dale and Lillico who in turn brought in their suppliers, Kendall and Holland. It was Held that on the findings of the judge there was a breach by third parties of the implied condition as to __________________ 3. Ibid 4. fitness of purpose in their sale of the groundnut extractions to SAPPA, and since the extractions were not reasonably fit for use in compound food for poultry and it use in a compound food for pheasants was an ordinary and reasonable use. G. Ltd were liable to indemnity SAPPA in respect of the damage done to the plaintiffs pheasants 5 Therefore there is breach of condition on Susan's case because she had given description of the product she wanted, but the one that was offered for sale to her did not correspond to her description under the contract. Since Susan had already painted the outside of the cortege with the ever-last masonry paint that later peeled off and being the fact that she had already painted the outside cortege with paint, it means she cannot reject the paint, hence she will be entitled to recover damages. In C.F. Munro & Co. Ltd v. Meyer (1930) 2 KB 312 6 the buyer was held to be entitled to repudiate the whole contract for 1,500 tons of meat and bone meal, when

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