Question

Abhishek contracts to sell Bhusan, by showing sample, certain quantity of tea described as test quality

Darjeeling tea. The tea when delivered matches with the sample, but it is not Darjeeling tea. Referring to the provisions of Sale of Goods Act, 1930 advise the remedy, if any, available to Bhusan.​

Answer 1

Bhushan can return the tea and claim a refund.

• Sec 17 of the Sale of Goods Act, 1930 describes the sale contract as sale by a sample. It signifies an express or implied term to an effect in the contract.
• In the case of a contract for sale by sample there is an implied condition-

1. In terms of consistency, the bulk must match the sample.
2. A fair chance of collating the bulk to the sample must exist.
3. Products must be free of any defect that renders them unsellable and that is not visible upon reasonable inspection of the goods.

• Since there has been a breach of contract, he is entitled to return the tea and receive a refund.

Answer 2

Explanation:

Although the tea delivered by Abhishek matches the sample, but due to the mentioning of tea brand in contract, Bhusan has the right to cancel the contract and claim for the refund.

According to Sale of Goods Act, 1930, all the terms in the contract should be met keeping the quality and quantity parameters as of utmost criteria. Since brand name is one key essential aspect so Bhusan has the upper hand to plead his case