Commentary

Section 108.10 Differences between Sections 14(2) and 14(3)

COMMERCIAL CONTRACTS vol 7(2)

Section 108.10 Differences between Sections 14(2) and 14(3)

108.10 Differences between Sections 14(2) and 14(3)

Section 14(2) requires goods to be of satisfactory quality, while Section 14(3) requires goods to be reasonably fit for their purpose. The latter is likely to be a higher standard if a specific purpose is made known1.

If there is no reliance on the skill and judgment of the seller by the buyer then Section 14(3) does not apply. However, there may not be such a restriction under Section 14(2).

Section 14(2) will not normally apply where a buyer’s attention is drawn to a matter making the quality of goods unsatisfactory,

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