APRIL 2008 (Question 3)
a) Sandra runs a florist shop. She recently decided to replace the van which she uses for making deliveries. She entered into a contract to buy the van from Ah Tong. However she later discovered that the vehicle is made up of two Bedford vans. The front half of a 1983 model has been welded to the rear half of a 1686 model and as the result the van is unsafe for driving. Advise Sandra. Answer:
1) Implied condition that goods will correspond to description 2) Implied condition as to fitness and merchantable
3) Goods must be of merchantable quality
The law applicable in this case is under Section 4(1) Sale of Goods Act 1957. A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods for a price. There may be a contract of sale between one part-owner and another. Law:
Section 15 states that for sale by description, it is implied that goods will correspond with description. If the sale is by description plus sample, the goods must correspond with both. Sale by description includes sale of unascertained goods or specific goods. Description signifies all the statements that are necessary to identify the goods. If the goods do not correspond with description, the buyer may reject and repudiate the contract. In the case of Beale v. Taylor (1967), the buyer bought Herald Convertible, White 1961 after seeing the same model in an advertisement. However, he then discovered that the car was a mixture of a 1961 model and the earlier model. The court held that in this case of sale by description, the buyer is entitled to damages for breach of an implied condition relating to the sale by description where the car did not correspond with description. Section 16 deals with the rule caveat emptor. Caveat emptor means “let the buyer beware”. In other words, the law only protects prudent buyer. If the buyer is careless in purchasing goods, he must bear...