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

The Sale of Goods Act - Essay Example The other important element in such sales is reliance. The buyer must have 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 contract (Magrath, 1989). As such, there should be a reasonable understanding among the parties that the buyer will 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 essential 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 fraudulent inducement of the seller. The Court of Appeal dismissed the 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 Dick Bentley case, it was held by the Court of Appeal that mileage was a term of the contract. Moreover, a car dealer 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 kitten, 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).