ABSTRACT
Part (a) The first of the implied terms to consider is s 13, which states that it is a condition of a sale of goods contract that where the sale is by description, the goods should comply with that description. The sale in this case is clearly ‘by description’. The question is whether the failure to supply the paint in cans of the size specified in the order amounts to a breach of the obligation under s 13. Brix Ltd will no doubt wish to argue that the size of the cans is irrelevant. As long as they have supplied the overall correct quantity of paint of the specified make (which they have), then they have complied with the obligation. Moreover, their position would appear to be strengthened by the fact that Gordon is apparently only seeking to get out of a contract which he no longer needs, rather than having any genuine problem with the size of the cans.
