description, implied term

description, implied term
where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description. If the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample of the goods do not also correspond with the description. A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer. The only real difficulty with this provision is the concept of description. The modern approach is to treat description as being a matter of identification under the contract – an approach that tries to avoid the metaphysical question as to what properties constitute the thing in itself: Britain Steamship Co. Ltd v. Lith-gows Ltd 1975 SC 110; Border Harvesters v . Edwards Engineering (Perth) Ltd 1985 SLT 128; Ashington Piggeries v . Christopher Hill [1972] AC 441.

Collins dictionary of law. . 2001.

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