This document discusses key principles of caveat emptor in sales law:
1. Caveat emptor applies to sales since the 13th century, placing the risk on the buyer.
2. The description of goods in the contract identifies what is being sold. Descriptions can be broad or narrow based on the parties' intent.
3. The quality and fitness of goods is not generally implied, unless stated. Several cases are discussed relating to implied terms around quality, descriptions, samples, and merchantability.
This document discusses key principles of caveat emptor in sales law:
1. Caveat emptor applies to sales since the 13th century, placing the risk on the buyer.
2. The description of goods in the contract identifies what is being sold. Descriptions can be broad or narrow based on the parties' intent.
3. The quality and fitness of goods is not generally implied, unless stated. Several cases are discussed relating to implied terms around quality, descriptions, samples, and merchantability.
This document discusses key principles of caveat emptor in sales law:
1. Caveat emptor applies to sales since the 13th century, placing the risk on the buyer.
2. The description of goods in the contract identifies what is being sold. Descriptions can be broad or narrow based on the parties' intent.
3. The quality and fitness of goods is not generally implied, unless stated. Several cases are discussed relating to implied terms around quality, descriptions, samples, and merchantability.
fmr .eKqïlreg fy<sfkdl< ;=kajk md¾Yjh iu`. we;s TkEu wdldrfha ne`oSïj,ska ksoyia úh hq;=njg jHx. fjdrkaáhla we;' The Barenbels Case (1985) • 14 j.ka;sh- úia;rhla u; NdKav úlsKsu iy úia;rh yd idïm,h u; NdKav úlsKsu- jHx. fldkafoais –Beale v Taylor (1967) (1961 - Herald Convertible car) –Grant v Australian Knitting Mills Ltd (1936) –Donoghue v Stevenson (1932) • Ashington Piggeries v Christopher Hill Ltd (1972)
“The ‘description’ by which unascertained goods are sold is, in
my view, confined to those word in the contract which were intended by the parties to identify the kinds of goods which were to be supplied. It is open to the parties to use a description as board or as narrow as they choose. But, ultimately the test is whether the buyer could fairly or reasonably refuse to accept the physical goods proffered to him on the ground that their failure to correspond with what was said about them makes them goods of a different kind from those he had agreed to buy. The Key to S.13 is identification.” 15 j.ka;sh- .=K;ajh iy fhda.H;djh(ñ,g .;a wjYH;djhg .e,mSu) iïnkaO jHx. fldkafoais (quality and fit for purpose) 1) NdKav úfYaI wruqKla i`oyd wjYH jknj m%ldYs;j fyda jHx.j úl=Kqïlreg okajd ;sfíkï .ekqïlre" úl=Kqïlref.a úksYaph yd l=i,;dj u; mokï jk úg iy úl=Kqïlref.a idudkH jHdmdr lghq;= w;r;=f¾oS ,nd fok NdKavj, úia;rhg ( ldKavhg) wod,kï tu NdKav tu wruqKg idodrKj fhda.Hjk njg jHx. fldkafoaishla we;' kuq;a" fmgkaÜ iy wfkl=;a fj<`o kdu yd wod<jk NdKav fj; fuh wod< fkdfõ' • Jayasena v Colombo Electric Tramways and Lighting Co Ltd • Frost v The Aylesbury Dairy Co (1905) • Henry Kendall v William Lillico Ltd (1969) 15. 2) NdKaavhl jdKscH fhda.H;djh (Merchantable quality) ………………… kuq;a" .eKqïlre NdKav mÍlaId lsÍug bv oS we;súgoS tjeks mÍlaIdjloS fy<súh hq;= fodaYhkag fuu jHx. fldkafoaish wod< fkdfõ • Grant v Australian Knitting Mills(1936)- tla m%fhdackhla i`oyd ksYamdokh lr we;s NdKav ta i`oyd iqÿiq fkdjkafka kï jdKscH fhda.H;djh fkdue; – Thornet v Beer and Sons (1919) • Kendall v Lillico (1969) • George Wills and Co v Davids (1957)