A contract of sale of goods by sample between Ben and Sally provided that payment of the goods was to be made on arrival against the shipping documents.
Ben, who is the buyer, paid for the goods before he had the opportunity to examine the goods. Later, on examinations, Ben found that the bulk of the goods did not correspond with the sample. Explain in detail whether Ben can reject the goods. (8 marks)
ANSWER
• This problem is based on sale of goods by sample.
• Under the provisions of the Sale of Goods Act, in a sale by sample, there is an implied condition that the bulk shall correspond with the sample in quality and that the buyer shall be afforded a reasonable opportunity to compare the bulk with the sample.
• In this case Ben paid for the goods before he had an opportunity to examine them. But on examination the bulk did not correspond with the sample.
• The legal position is that Ben is entitled to reject the goods as Sally has breached the implied condition that the bulk shall correspond with the sample in quality.
• Ben is therefore entitled to recover the amount paid to Sally.