The Term Quality of Goods Case Study Example | Topics and Well Written Essays - 1250 words

The Term Quality of Goods - Case Study ExampleThe major implied terms in contracts of sale are that goods must be in conformity with their translation book for the purpose made known to the seller should be of satisfactory quality, and the seller should have the right to sell these goods. Under section 13 of the Sale of Goods Act 1979, goods that have not been correctly described can be jilted only in the event of the emptor relying on such exposition. In contracts specifying the sale of goods by description a condition that these goods have to correspond to the description is inherent by implication. In Beale v Taylor2 the buyer purchased a vehicle after inspection, which had been described by the seller. The court held that this was a sale by description. In Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd3 a transaction between two art dealers was not considered to be a sale by description as the buyer was competent to rely on his own expertise to assess the value of the painting. In goods sold to a buyer, an implied term exists, which requires that these goods should be appropriate for any purpose that has been made known to the seller.4 Applicability extends to instances where the purpose is express or implied only when the sale is in the course of business. It does not apply if the buyer decides on his own without relying on the sellers skill or judgment. Sometimes the goods received, though free of defects, nevertheless, do not serve the purpose for which they had been bought and the seller knew about this fact. In Slater v Finning Ltd5 it was held that if an abnormal feature had not been revealed to the seller a claim under section 14(3) of the SGA would fail.