First Principles of Business Law
Case study: The glass jars

Question 5.

 

 

On the facts, is a term implied into the contract by the relevant state or territory sale of goods legislation, requiring the jars be suitable for bottling jam; or requiring that the jars be of merchantable quality?

 (a) In the circumstances, the relevant sale of goods legislation would imply a term into the contract requiring the jars are suitable for bottling jam; and a term requiring that the jars be of merchantable quality.

(b) In the circumstances, the relevant sale of goods legislation would imply a term into the contract that the jars be suitable for bottling jam; but not a term that the jars are of merchantable quality.

(c) In the circumstances, the relevant sale of goods legislation would imply a term of the contract that the jars be be of merchantable quality; but not a term that the jars are suitable for bottling jam.

 

 

 

 

 

 

 

 

 

 

  

 

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