Commentary

109.3 Goods to be free of any defect

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

109.3 Goods to be free of any defect

| Commentary

109.3 Goods to be free of any defect

Where there is a contract of sale by sample there is an implied term that the goods will be free from any defect that makes their quality unsatisfactory, and which would not be apparent on a reasonable examination of the sample1.

Note that hidden or latent defects (which make the goods unsatisfactory) are covered by this implied term2.

Where there is a defect in the goods in accordance with this section, there is a breach of the implied term even if the bulk corresponds to the sample3

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial