Sale by description [Section 15]:
Where there is a contract of sale of goods by description, there is an implied condition that the goods shall correspond with the description. This rule is based on the principle that“if you contract to sell peas, you cannot compel the buyer to take beans.”The buyer is not bound to accept and pay for the goods which are not in accordance with the description of goods.
Thus, it has to be determined whether the buyer has undertaken to purchase the goods by their description, i.e., whether the description was essential for identifying the goods where the buyer had agreed to purchase. If that is required and the goods tendered do not correspond with the description, it would be breach of condition entitling the buyer to reject the goods.
It is a condition which goes to the root of the contract and the breach of it entitles the buyer to reject the goods whether the buyer is able to inspect them or not.
Example 1: A at Kolkata sells to B twelve bags of “waste silk” on its way from Murshidabad to Kolkatta. There is an implied condition that the silk shall be such as is known in the market as“Waste Silk”. If it not, B is entitled to reject the goods.
Example 2: A ship was contracted to be sold as “copper-fastened vessel” but actually it was only partly copper-fastened. Held that goods did not correspond to description and hence could be returned or if buyer took the goods, he could claim damages for breach.
The Act, however, does not define ‘description’. A sale has been deemed to be by the description
(i) where the class or kind to which the goods belong has been specified, e.g., ‘Egyptian cotton’, “java sugar”, “Shfleld crockery”, etc., and
(ii) where the goods have been described by certain characteristics essential to their identification, e.g., jute bales of specified shipment, steel of specific dimension, etc.
It may be noted that the description in these cases assumes that form of a statement or representation as regards the identity of particular goods by reference to the place of origin or mode of packing, etc. Whether or not such a statement or representation is essential to the identity of the goods is a question of fact depending, in each case, on the construction of the contract.
Thus, it has to be determined whether the buyer has undertaken to purchase the goods by their description, i.e., whether the description was essential for identifying the goods where the buyer had agreed to purchase. If that is required and the goods tendered do not correspond with the description, it would be breach of condition entitling the buyer to reject the goods.
It is a condition which goes to the root of the contract and the breach of it entitles the buyer to reject the goods whether the buyer is able to inspect them or not.
Example 1: A at Kolkata sells to B twelve bags of “waste silk” on its way from Murshidabad to Kolkatta. There is an implied condition that the silk shall be such as is known in the market as“Waste Silk”. If it not, B is entitled to reject the goods.
Example 2: A ship was contracted to be sold as “copper-fastened vessel” but actually it was only partly copper-fastened. Held that goods did not correspond to description and hence could be returned or if buyer took the goods, he could claim damages for breach.
The Act, however, does not define ‘description’. A sale has been deemed to be by the description
(i) where the class or kind to which the goods belong has been specified, e.g., ‘Egyptian cotton’, “java sugar”, “Shfleld crockery”, etc., and
(ii) where the goods have been described by certain characteristics essential to their identification, e.g., jute bales of specified shipment, steel of specific dimension, etc.
It may be noted that the description in these cases assumes that form of a statement or representation as regards the identity of particular goods by reference to the place of origin or mode of packing, etc. Whether or not such a statement or representation is essential to the identity of the goods is a question of fact depending, in each case, on the construction of the contract.
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