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- 7 Marks
Question
b) Juba is a sales representative of K&K Company Limited. He visited the premises of XBF Company Limited. XBF Company Limited was interested in providing its core staff with protective clothing consisting of masks, gloves, and boots. After describing the types of protective clothing to the sales representative, Juba showed the XBF Company Limited samples of the masks, gloves, and the boots that his company intended to sell. The company accepted the samples. On the day of the delivery, the auditors of XBF found that the goods delivered did not match with the samples.
Required: Explain the transaction between K&K Company Limited and XBF Company Limited in terms of the provisions of the Sale of Goods Act, 1963 Act 137. (7 marks)
Answer
- In a contract of sale of goods by description, whether or not the sale is by sample as well as by description, there is an implied condition that the goods shall correspond exactly with the description. (3 marks)
- In a contract of sale of goods by sample, whether or not the sale is by description as well as by sample, there is an implied condition that the goods shall correspond exactly with the sample. (3 marks)
- Thus, the goods delivered did not correspond to the description or the sample. (1 mark)
(Total: 7 marks)
- Tags: Contract Law, Description, Sale by Sample, Sale of Goods
- Level: Level 1
- Topic: Sale of goods/hire purchase
- Series: MAY 2017
- Uploader: Dotse