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Sale of Goods: The Implied Condition of ...

Pathak, Akhileshwa...

Technical Note

Sale of Goods: The Implied Condition of Description

Pathak, Akhileshwar

IIMA-STR0459TEC | Published March 17, 2021 | 8 pages Technical Note

Collection: Indian Institute of Management, Ahmedabad

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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.

Implied Condition of Description Description and Identity of Goods Description and Quality of Goods