Which words are descriptive (s. 13 SGA)?
- - What forms part of the description?
- Arcos Ltd v Ronaasen - if the written contract specifies conditions of weight measurement and and the like, these conditions must be complied with. If the seller wants to put a margin, he must stipulate it.
- in support - the 'doctrine of strict compliance' - Re Moore & Landauer - not compliance with number of pieces of goods in the each box was considered as breach of condition. - this approach promotes commercial certainty.
- Less strict approach - Reardon Smith Lines v Hansen Tangen
- (SPA of vessel which had to be on particular shipyard, but was built on another) - need to ask whether description constituted a substantial ingredient of the identity
of the things sold, and only if it does, then it will be treated as condition.
- Description must go to identity. Words as to quality may not form part of the description - Ashington Piggeries Ltd v Christopher Hull
- (sale of herring meal which was described as average quality for the season (feed for pigs), but it was spoiled and poisoned the pigs. B argued that it was sale by description, but court did not agree. Court said that description is for identification of goods, but not for something else.
HOWEVER descriptive words about the quality may be used to asses the quality according to s. 14 SGA (but s. 14 cannot be applied in private sale) - Varley v Whipp