ABSTRACT
The SGA 1893 probably narrowed the scope of the common law maxim caveat emptor (see ante, para 13.08) by providing that, subject to a contrary intention and leaving aside sales by sample (see post, paras 15.03-10), there shall be implied into a contract of sale three conditions2 – as to description, merchantable quality and fitness for the purposes supplied3 – and an implied warranty as to trade usage (see post, para 15.11). It has been pointed out that these three implied conditions represent a series of graduated duties.4 The undertaking as to correspondence with description offers the buyer only minimal statutory protection, but applies to almost all sales (see ante, paras 13.09-10), whereas the other two undertakings apply only to trade sales (see post, para 14.04). Thus, the undertaking as to quality (now termed ‘satisfactory quality’) affords a greater degree of protection to the buyer, though it does not cover such a wide area: trade sold goods may correspond with their description and still not be of a high enough quality.5 The greatest degree of protection is that afforded by the undertaking as to fitness, which applies in still more limited circumstances: this undertaking may be broken even though trade sold goods correspond with their description and are of a high enough quality.6 Even within the foregoing restrictions, all three implied undertakings leave open some issues of policy. Thus, the level at which each of them should be pitched is a matter of judgment,7 including such factors as nationally desired standards of quality control by manufacturers.8
