description, implied term


description, implied term
where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description. If the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample of the goods do not also correspond with the description. A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer. The only real difficulty with this provision is the concept of description. The modern approach is to treat description as being a matter of identification under the contract – an approach that tries to avoid the metaphysical question as to what properties constitute the thing in itself: Britain Steamship Co. Ltd v. Lith-gows Ltd 1975 SC 110; Border Harvesters v . Edwards Engineering (Perth) Ltd 1985 SLT 128; Ashington Piggeries v . Christopher Hill [1972] AC 441.

Collins dictionary of law. . 2001.

Look at other dictionaries:

  • sample (sale by, implied term) — a contract of sale is a sale by sample where there is an express or implied term to that effect in the contract. Where there is a sale by sample there is an implied condition: (a) that the bulk will correspond with the sample in quality; (b) that …   Law dictionary

  • description — de·scrip·tion n: a representation in words of the nature and characteristics of a thing: as a: a specification of the boundaries of a piece of land (as for a deed) b: an explanation of an invention in a patent application or printed publication… …   Law dictionary

  • Implied warranty — Contract law Part o …   Wikipedia

  • Contractual term — Contract law Part o …   Wikipedia

  • Sale of Goods Act 1979 — The Sale of Goods Act 1979 is a British Act of Parliament (1979, ch 54) which regulates contracts in which goods are sold and bought. The Act consolidates the Sale of Goods Act 1893 and subsequent legislation, which in turn consolidated the… …   Wikipedia

  • Contractual terms in English law — is a topic which deals with four main issues. which terms are incorporated into the contract how are the terms of the contract to be interpreted whether terms are implied into the contract what controls are placed on unfair terms The terms of a… …   Wikipedia

  • South African contract law — is essentially a modernised version of the Roman Dutch law of contract, [1] which is itself rooted in Roman law. In the broadest definition, a contract is an agreement entered into by two or more parties with the serious intention of creating a… …   Wikipedia

  • Interpreting contracts in English law — is an area of English contract law, which concerns how the courts decide what an agreement means. It is settled law that the process is based on the objective view of a reasonable person, given the context in which the contracting parties made… …   Wikipedia

  • quality — qual·i·ty n pl ties 1: a special, distinctive, or essential character: as a: a character, position, or role assumed those acts of ownership, which the person called to the succession can only do in quality of heir Louisiana Civil Code b: the… …   Law dictionary

  • satisfactory quality — is an implied term in a sale of goods. This concept includes both functional and non functional aspects but may be excluded in business to business transactions if it is reasonable to do so. Easyform Glossary of Law Terms. UK law terms.… …   Law dictionary