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First Principles of Business Law |
| Statutory provisions affecting contracts for goods and services |
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5. The Australian Consumer Law |
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5.7. Guarantee of correspondence with samples |
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A wants to lay wooden floorboards in the living room of his new house. He goes to B, a retailer of flooring materials, and is shown samples of the available wooden floorboards. A selects the one that he likes best and orders 2000 linear meters, which is what he has calculated he needs. When the floorboards are delivered, A finds that about 10% of the floorboards are warped or cracked to an extent that makes them unusable. A does not want to accept the floorboards. |
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(a) A says that the defects he has found in the floorboards were not apparent from the sample he was shown, and the defects make the floorboards of unacceptable quality. He claims that B is in breach of a guarantee of quality that entitles him to reject the floorboards. (b) B agrees that the sample shown to A did not show that up to 10% of the floorboards would be too warped or cracked to use, but he says that there was no guarantee that the floorboards would be as perfect as the sample. He says that A cannot reject the floorboards. |
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