Commentary

35.5 Quality of goods and materials

BAILMENT vol 3(1)
| Commentary

35.5 Quality of goods and materials

| Commentary

35.5 Quality of goods and materials

Where the bailee supplies goods as well as services, and yet the bailment remains one of skill and labour rather than one of sale, certain obligations may be owed in relation to those goods. According to circumstances, they must correspond with the description1, be of satisfactory quality2, be reasonably fit for their purpose3 and correspond with any sample given4. These are terms of strict obligation, and their scope and content is substantially indistinguishable from the equivalent statutory terms which are implied into sales of goods5.

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