ABSTRACT
The question often arises: in what circumstances is the buyer entitled to reject the goods because of a breach of contract by the seller? The basic rule is that the buyer is entitled to reject the goods if the seller has breached a condition of the contract. Thus, the buyer in Re Moore and Landauer (1921) was entitled to reject a consignment of fruit because the goods breached the condition implied into the contract by s 13: that is, that the goods would correspond with their description. You will recall that although the correct quantity of fruit in the appropriate cans had been supplied, the goods were not all packed in cases of 30 cans, as per contract: some of them were packed in cases of 24.
