What is the meaning of Sale by description?
Find the answer to the Law of Sale of Goods only on Legal Bites.
Question: What is the meaning of Sale by description? [RJS 1984]Find the answer to the Law of Sale of Goods only on Legal Bites. [What is the meaning of Sale by description?]AnswerSection 15 of the Act states that there is an implied condition that the products meet the description in a sale of goods by description. There is a condition that the goods shall meet the description. It is a fundamental requirement of the contract, and if it is breached, the buyer is entitled to reject the...
Question: What is the meaning of Sale by description? [RJS 1984]
Find the answer to the Law of Sale of Goods only on Legal Bites. [What is the meaning of Sale by description?]
Answer
Section 15 of the Act states that there is an implied condition that the products meet the description in a sale of goods by description. There is a condition that the goods shall meet the description. It is a fundamental requirement of the contract, and if it is breached, the buyer is entitled to reject the goods regardless of whether they can be inspected.
Section 15 lists the provision for Sale by description. It states that “Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and, if the sale is by sample as well as by description, it is not sufficient that the bulk of the goods correspond with the sample if the goods do not also correspond with the description.”
In simpler terms, under Section 15 of the Indian Sale of Goods Act, if goods are sold based on a description provided by the seller (rather than being individually examined by the buyer), there is an implied condition that the goods being sold must match the description given. If the goods received by the buyer do not match the description, the buyer has the right to reject the goods.
For example, if a seller advertises a "brand new smartphone with a 6-inch OLED screen and 128GB of storage," and the buyer receives a smartphone with a 5-inch LCD screen and only 64GB of storage, this could be considered a sale by description. If the goods do not match the description, the buyer could potentially reject the goods and ask for a refund or a replacement.
It's important to note that the description could be explicit, such as in advertisements or product labels, or it could be implied through the circumstances of the sale. The concept of sale by description is designed to protect buyers from misrepresentation and ensure that they receive the goods they were led to expect based on the provided description.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
