Commentary

108.8 Implied term does not apply to specified defects or examined goods

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

108.8 Implied term does not apply to specified defects or examined goods

| Commentary

108.8 Implied term does not apply to specified defects or examined goods

There will be no implied term that goods are of satisfactory quality where:

  1. 108.8.1

        the matter affecting the quality was drawn to the buyer’s attention before the contract is made; or

  2. 108.8.2

        the buyer examined the goods before the contract was made, and the examination ought to have revealed the matter affecting quality to the buyer; or

  3. 108.8.3

        in the case of a contract for sale by sample, the matter affecting quality would have been apparent on a reasonable examination of the sample of the goods1.

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