First Principles of Business Law

Statutory provisions affecting contracts for goods and services

3. Terms implied by law into contracts for the sale of goods

3.2. The identity of goods bought and sold

 

 

 

Read the facts and the question and then choose the best answer.

A has 10 bags of rice in his shop. B offers to buy "these 10 bags of rice" for $90 each. A accepts B's offer. But when B returns the next day with his truck to collect the rice, he sees that the 10 bags A has are not the same ones he saw and agreed to buy the day before. B complains about this, saying he bought 10 particular bags of rice and he is entitled to delivery of those bags.

A explains that another customer took the 10 bags B had seen. But, says A, the bags of rice he is now delivering to B are of the exact same type and quality and this is good enough.  Is A correct?

(a) Yes. As long as A is tendering delivery of the same kind of goods, it does not matter that they are not the particular ones seen by B.

(b) No. If A agreed to sell specified goods to B, those particular goods must be delivered.

 

 

 

 
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