109 When goods are sold ‘by’ description

SALE OF GOODS vol 34

109 When goods are sold ‘by’ description

| Commentary

In order to bring a claim for breach of the statutory implied term that goods will correspond with their description¹, a buyer must show that a relevant statement

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(2) IMPLIED TERMS IN SALE OF GOODS CONTRACTS

110 ‘Influential’ statements that create a sale ‘by’ description

111 The Harlingdon case on sale of goods by description

112 Necessary degree of compliance of goods with description

113 Words of description interpreted according to trade usage

114.1 Abolition of distinctions?

109 When goods are sold ‘by’ description

109 When goods are sold ‘by’ description

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(2) IMPLIED TERMS IN SALE OF GOODS CONTRACTS

110 ‘Influential’ statements that create a sale ‘by’ description

111 The Harlingdon case on sale of goods by description

112 Necessary degree of compliance of goods with description

113 Words of description interpreted according to trade usage

114.1 Abolition of distinctions?

114.2 Effect of Sale of Goods Act 1979 Section 13 on express and implied conditions

114.3 Effect of Sale of Goods Act 1979 Section 13 on misrepresentations and implied terms

115 The terms as to satisfactory quality and fitness for purpose in the Sale of Goods Act 1979 and the Consumer Rights Act 2015 outlined

116 Exclusive nature of statutory terms as to quality and fitness of goods

117.1 General rule on time when quality and fitness of goods are assessed

117.2 Postponement of time of assessment of quality and fitness of goods

117.3 Goods that are sub-standard at time for assessment of quality and fitness, but will subsequently improve

117.4 Goods that deteriorate after time for assessment of quality and fitness

118 Meaning of ‘in the course of a business’ under the Sale of Goods Act 1979

119 Meaning of goods ‘supplied under a contract of sale’

120 Instructions for use of goods and terms as to quality and fitness

121 Agency and the implied terms as to quality and fitness of goods

122 Definition of implied term as to fitness for purpose of goods

123 Consumer Rights Act 2015: goods to be fit for particular purpose

124 Limits on the term as to fitness for purpose of goods

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109 When goods are sold ‘by’ description

109 When goods are sold ‘by’ description

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