sale by description

The condition is implied only where there is a sale by description.

Even a sale in a supermarket is usually a sale by description.

Any description given is for information only and does not constitute a sale by description.

Indeed, reliance by the buyer is the natural index of a "sale by description".

In that case the sale of woollen underwear across the counter was held to be a sale by description.

The essence of a sale by description is that in deciding to buy the buyer placed some (but not necessarily exclusive) reliance upon the description.

It is a sale by description even though it is the customer who decides which particular goods to select from the display, section 13(3).

If there is no reliance then, notwithstanding the fact that the goods were offered for sale by description, the buyer has bought the goods on other terms.

This provides for a sale by description, but the description is one which has been carefully drafted by the seller for general use when selling that particular product.

A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.'

The effect of the document, it was held, was to prevent the sale being a sale by description and thus exclude the implied condition in s13 of the SGA 1979.

Even so, proof of reliance is not difficult especially in view of s13(3) of SGA 1979 which provides that ordinary articles of commerce as specific goods are expressly included in the definition of sale by description.

In Nichol v Godts (1854) 10 Exch 191, a sale of "foreign refined rape oil, warranted only equal to samples" was held to be a sale by description so that a seller could not deliver something which, although equal to sample, could not match the contract description.

As Slade LJ put it in Harlingdon Ltd:.the fact that a description has been attributed to the goods, either during the course of negotiations or even in the contract (if written) itself, does not necessarily and by itself render the contract one for 'sale by description".