The Sale of Goods Act Essay Example | Topics and Well Written Essays - 1000 words

The Sale of Goods Act - study ExampleThe other definitive element in such sales is reliance. The emptor must subscribe relied on the description of the goods. In the absence of reliance on the description, the latter does not constitute an important term of the call for (Magrath, 1989). As such, there should be a reasonable understanding among the parties that the buyer provide rely on the description of the goods.In Harlingdon & Leinster Enter. Ltd. v. Christopher hull Fine Art Ltd the court held that the description of the goods constitutes an substantive feature of the goods sold. Quality and suitability of the goods sold are implied terms in the contract of sale by description or sample. Implied terms render the seller of the goods liable if these goods do not conform to their description. If the contract does not incorporate a term of description, then the buyer has to establish that he had relied on the deceitful inducement of the seller. The Court of Appeal dismissed t he claim of the buyer against the seller for damages (Harlingdon and Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd, 1990).Furthermore, in Birch v Paramount Estates, the defendants provided some information regarding the quality of the house. The buyer relied on this statement, and the court held that this statement was a term of the contract (Birch v Paramount Estates, 1956).In the tool Bentley case, it was held by the Court of Appeal that mileage was a term of the contract. Moreover, a car star was in a better position than the customer in assessing the mileage shown by the odometer hence, the car dealer was held liable.In our problem, even though Dusko had inspected the pussycat, he had to rely on the description made by the seller. Since the kitten was not in conformity with its description, the seller is liable under the provisions of section 13(1).