Commentary

163 Goods to match description

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

163 Goods to match description

| Commentary

163 Goods to match description

Every contract for the supply of goods by description will include a term that goods will match any description of them given by the trader to the consumer1.

A supply of goods will still be a sale by description even though the goods:

  1. 163.1

        are exposed for supply; and

  2. 163.2

        are selected by the consumer2.

Where there is a supply of goods by sample and also by description, it is not sufficient that the bulk of the goods match the sample if the goods also do not meet the description3

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