The Implied Terms of Description, Fitness, and Quality

Abstract This chapter deals with the presumptive obligations, respecting the character of the goods, owed by seller to buyer. First, the goods must comply with their contractually agreed essential identity (description). They must also be of satisfactory quality, as measured by the type of goods supplied and the characteristics attributed to them (for example, secondhand) by the seller. They must also be reasonably fit for the buyer’s purpose as expressly or impliedly disclosed to the seller. The durability of the goods is a consideration, as also is any examination carried out by the buyer in cases of satisfactory quality. A particular type of sale (by sample) is treated and a brief discussion deals with similar implied terms in contracts akin to sale.