Correspond With Description - Terms Used In Contract
With S.15 provides that, where goods are sold through description whether is an implied matter that the goods correspond with the description. Further A sale is through description when: like;
(a) The goods are unascertained or are future goods. And one is
(b) The goods are specific although are bought like; "a thing corresponding with specific description" there.
An illustration is provided through Varley v Whipp in whereas the defendant agreed to buy from such the plaintiff a second-hand reaping machine such was stated to have been new the previous year and such hardly used at all there. Therefore the defendant had not seen the machine that at the time of the sale. Whether he later reject to accept it so like on the ground such it did not correspond about the description. Further the court agreed that the machine did not like correspond with its description and with held that the defendant was not liable about the price. Conversely the judge stated, inter alia, that the phrase "sale through description" must apply for like; "all cases whether the purchaser has not seen the goods although is relying on the description alone".
Instance of (b) is provided through Grant v Australian Knitting Mills Limited (1936) in whether the plaintiff went for the defendant's shop and asked to a pair of long woollen underwear. However the goods were displayed at the counter before him and like then a sales assistant selected a pair such he bought. Because the underwear contained an excess of sulphite and plaintiff contracted dermatitis then wearing it. Whether the chemical should have been removed before such the underwear was sold although this had not been done. Through description and sale it was held.
However the judge stated: like; "There is a sale through description even nevertheless the buyer is buying something displayed just before him on counter: like; a thing is sold through description and that it is specific then long as it is sold not simply as the specific thing although a thing corresponding to a description like; e.g. woollen undergarments, like a hot-water bottle, like a second-hand reaping machine"