SALE OF GOODS.
No. 4 of 1896.
385
(2) where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality: Provided that if the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to have revealed:
(3) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade:
(4) an express warranty or condition does not negative a warranty or condition implied by this Ordinance, unless inconsistent therewith.
Sale by sample.
15.—(1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect.
(2) In the case of a contract for sale by sample—
(a) there is an implied condition that the bulk shall correspond with the sample in quality:
(b) there is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample:
(c) there is an implied condition that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
PART II.
EFFECTS OF THE CONTRACT.
Transfer of property as between seller and buyer.
16. Where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained.
17.—(1) Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.
SALE OF GOODS.
No. 4 of 1896.
385
(2) where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality: Provided that if the buyer has examined the goods, there shall be no implied con- dition as regards defects which such examination ought to have revealed:
(3) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade:
(4) an express warranty or condition does not negative a warranty or condition implied by this Ordinance, unless inconsistent therewith.
Sale by sample.
15.—(1) A contract of sale is a contract for sale by sample Sale by where there is a term in the contract, express or implied, to sample.
that effect.
(2) In the case of a contract for sale by sample—
(a) there is an implied condition that the bulk shall corres- pond with the sample in quality:
(b) there is an implied condition' that the buyer shall have a reasonable opportunity of comparing the bulk with the sample:
(c) there is an implied condition that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
PART II.
EFFECTS OF THE CONTRACT.
Transfer of property as between seller and buyer.
16. Where there is a contract for the sale of unascertained Goods must goods no property in the goods is transferred to the buyer unless be ascertain- and until the. goods are ascertained.
ed.
intended to
17.-(1) Where there is a contract for the sale of specific Property or ascertained goods, the property in them is transferred to the passes when buyer at such time as the parties to the contract intend it to be pass. transferred.
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