A agreed to sell 100 per cent cotton shirt by sample. The shirt delivered was equal to sample but not of cotton. What are the Buyer’s rights?
Select one:
a. Reject the goods
b. None of them
c. Reclaim the price paid
d. Claim for damages
Clear my choice
Answers
Answer:
According to l the definition for unascertained goods is the goods that are not specifically identified at the time a contract of sale is made. For example, in a contract for the sale of 100 pieces of chairs, the seller has to deliver 100 pieces of chairs that answer the contract description. If there is no specific description, then the seller may deliver any kind of chairs.
Specific goods are goods specifically identified at the time a contract of sale is made, e.g. a shirt made of cotton and with a Mickey Mouse cartoon on it. If the good is not so identified, the contract is for the sale of unascertained goods. In a contract for the sale of specific goods the seller is bound to deliver the identified goods.
All the contracts for the sales of unascertained goods are sales by description and specific goods, which the buyer has not seen the goods through any catalogue and brochure. In the case of Varley v Whipp, Varley agreed to sell to the Whipp a “second-hand self-binder reaping machine”, which quite new and used to cut only 50 or 60 acres. When the machine was delivered, Whipp claimed that it did not correspond with the statement. So, the court held that it was a sale of good by description and Whipp have the right to claim. In another case of Nagurdas Purshotumdas & Co. v Mitsui Bussan Kaisha Ltd, previously they had a sale of flour bearing a well-known trademark. Later on, flour was ordered based on the description as “the same as our previous contract”, which identical in quality. However, it failed to bear the same well-known trademark when it was delivered to the buyer.
There can be a sale by description where specific goods have been seen. In the case of Grant v Australian Knitting Mills Ltd, Grant claimed that the woollen garment that he bought had caused him to get dermatitis. He suspected that it was caused by external factor. Later on, it was found to be defective due to the presence of excess sulphites, which was negligently left in it in the process of manufacture. There was a sale by description even though the buyer is buying something displayed before him on the counter, as the good did not meet the description.
There are 2 categories of cases of failing to correspond with the goods description. The first category is those goods are substantially required but there is some small discrepancy from the contract. In the case of Arcos Ltd v E A Ronnasen & sons, respondents claimed that the staves delivered did not satisfy the measurement as described which to be of the thickness of half an inch. However, when received, they exceeded half an inch in thickness. Court held that there is a contract for sale of goods by description, there is an implied condition that the goods shall correspond with the description.
In another case of Moore & Co. v Landauer & Co., the contract was of Austalian canned fruits stated as containing 30 tins each, payment to be per dozen tins. The sellers tendered the whole quantity ordered, but about one-half of the cases contained 24 tins only. The buyers rejected the goods. Court held that it was a sale of goods by description. The goods were mixed with goods of a different description. The goods did not correspond with what have described.
The second category is those goods described in a more general sense in the absence of detailed commercial description. Due to a general description, a considerable discrepancy must occur before it can constitute a breach. In the case of Varley v Whipp as mentioned just now, the machine delivered was a very old machine. There is a considerable discrepancy in description of “second-hand self-binder reaping machine”, which was a very general description.
Answer:
A agreed to sell 100 per cent cotton shirt by sample. The shirt delivered was equal to sample but not of cotton. What are the Buyer’s rights?
a. Reject the goods
Explanation:
Here the Buyers are tell that they would get 100 percent cotton shirt which were shown in sample, but the shirts which were delivered were of equal sample but they were not of cotton.
- This means manufacturer was not true to his words.
- Therefore the buyers can reject the goods.
- According to the contract of sale for buyers, buyers can reject the goods if they do not match the buyers satisfaction or the one shown in sample.
- He has the right to have delivery of the goods as per the contract. If the seller does not send, as per the contract, the right quantity of goods to the buyer, the buyer can reject the goods.
Hence, option A is correct answer which is reject the goods.
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