Law: Sale of Goods Act (III of 1930)

Section: 15

(a) Sale of Goods Act (III of 1930), S. 15-Sale of goods by usual description-Implied condition that goods sold must correspond with description-Such implied condition can be excluded only by express agreement-Court, in absence of such express agreement, reluctant to construe contract so as to exclude implied condition Clauses purporting to exclude implied condition-To be narrowly construed-Implied condition represents principle : sic aes pro auro vaneat non valet -Sale of "decorticated cotton-seed oil cakes" (which according to market standard expected to contain between 43 to 45% oil and alubiminoid)-Goods supplied found deficient in oil contents and therefore not answering trade name "decorticated" commonly known in market-Held, despite fact that no guarantee had been given by seller about quality or analysis, goods supplied did not answer description of "decorticated cotton seed oil cakes" and as such buyer entitled to claim damages. B sold to F 500 bags of what is commercially known as "decorticated cotton-seed cakes". These cakes were exported by F to the United Kingdom where they were found on analysis to contain oil and alubiminoid to the extent of 30 to 35 % only as against 43 to 45 Y. expected in cakes answering description of "decorticated". On account of the deficiency the cakes were treated to be undecorticated and as such F was obliged to com pensate his buyer in United Kingdom and sustain other losses. F consequently filed a suit against B for damages. The admitted position in the case was that at the time of sale F had sought guarantee about the percentage of oil in the cakes but this was refused by B. Though the guarantee was refused F had guaran teed that the goods sold answered the description of "decorticated oil-seed cakes". According to the plaintiff the presence of particular percentage of oil and protein in the cake was the standard by which the cakes are judged i.e. whether they were decorticated or undecorticated and hence the sale was by descrip tion and B was, therefore, under section 15 of the Sale of Goods Act, 1930 bound to supply those goods. B on the other hand…