Sale of Goods: The Implied Condition of Description

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Abstract

The law of sale of goods gives the valuable right to the buyer to terminate the contract if the supplied goods are not in conformity with the description. However, every aspect, characteristic or the quality of goods mentioned in the contract does not fall under “description.” The essence of description is to identify the goods to be delivered to the buyer. In constructing a contract, the courts are not eager to find a term as a condition because the courts want to encourage the performance of contracts. Thus, it has to be constructed whether a stipulation on quality is essential for identifying the goods.

Additional Information

Product Type Technical Note
Reference No. STR0459TEC
Title Sale of Goods: The Implied Condition of Description
Pages 8
Published on Mar 17, 2021
Authors Pathak, Akhileshwar;
Area Strategy (STR)
Discipline Ethics and Governance, Public Policy and Law
Learning Objective Implied Condition of Description Description and Identity of Goods Description and Quality of Goods
Keywords Sale of goods; Sale by description; Implied Condition; Description and Quality
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