1950_SALE_OF_GOODS_ORDINANCE — Page 8

Sale of Goods.

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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 examina- tion ought to have revealed;

(c) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade;

(d) an express warranty or condition does not nega- tive a warranty or condition implied by this Ordin- ance, unless inconsistent therewith.

Sale by sample.

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sample.

17. (1) A contract of sale is a contract for sale by 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 un- merchantable, which would not be apparent on reasonable examination of the sample.

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PART II.

EFFECTS OF THE CONTRACT.

Transfer of property as between seller and buyer.

be ascertain-

18. Where there is a contract for the sale of unascer- Goods must tained goods no property in the goods is transferred to the e buyer unless and until the goods are ascertained.

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passes when

19. (1) Where there is a contract for the sale of Property specific or ascertained goods, the property in them is trans- intended to ferred to the buyer at such time as the parties to the con- tract intend it to be transferred.

pass.

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