Commentary

108.7 When must goods be of satisfactory quality

COMMERCIAL CONTRACTS vol 7(2)

108.7 When must goods be of satisfactory quality

108.7 When must goods be of satisfactory quality

There appear to be a number of different possibilities:

  1. 108.7.1

        at the time of the sale;

  2. 108.7.2

        at the time risk passes (ie at the time of shipment, in cif and fob contracts);

  3. 108.7.3

        at the time of delivery.

Note that if a contract includes transportation then the meaning of ‘satisfactory quality’ in Section 14(2) might infer that the goods are able to survive transportation and to be of satisfactory quality on arrival1.

However, the meaning of Section 14(2) may not encompass the above where the goods are of the

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