ii. DID THE GOODS CORRESPOND WITH THE DESCRIPTION? Whether the goods correspond with the description depends on whether the good is of the same kind as that in the description. The relevant question to ask is if there is a difference in quality or a difference in the kind and identity of the goods. A difference in the quality of the goods does not affect the analysis of whether the goods correspond to the description. Thus, it is only where the goods supplied are of a different identity or kind that such goods would not match the description. Ashington Piggeries – The test is whether the goods were of a different kind to that which it was agreed in the contract. – Where the description contains an express statement about the quality of the goods to be supplied, the inference is that it was intended by the parties not as an identification of the kind of goods, but an express stipulation as to the quality of goods to be supplied. o That is, if the goods fall short of that quality, it would not affect the kind of goods that was supplied. – In this case, the goods sold (herring meal) did not cease to be herring meal because of a poisonous preservative. This was a difference in quality and did not affect the identity of the goods. – A minority of the court held that the difference between poisonous and non-poisonous herring meal leads to more than a difference in quality.
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Approximately 21517 words over 49 pages. Prepared in 2019.