| Commentary

107.3 Liability is strict

| Commentary

107.3 Liability is strict

Once there is a description, then liability is strict for non-compliance with the description1. The following examples illustrate contracts where there was a breach of the implied term:

  1. 107.3.1

        a contract for the sale and purchase of a new car did not comply with the description where a second-hand car was delivered2;

  2. 107.3.2

        a contract for the sale of a particular type of vehicle, manufactured in a particular year, did not comply with the description where what was delivered is two different models welded together3;

  3. 107.3.3

        where the measurements

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