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

3.7.5. The quality of goods sold by reference to a trade name

 

 

 

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

A says to B: "I want to paint my beach-house. I need a good paint that can withstand exposure to salty moisture. What do you have that will do the job?"

B, a retailer of paint, says: "The best paint I have is a product called 'Best-Paint'".

A replies: "OK, I'll take three tins of 'Best-Paint' ".

In these circumstances, does it become an implied term of the contract that the paint supplied is suitable for painting a house exposed to salty moisture?

(a) Yes, because even though the goods are bought by reference to their trade name (Best-Paint), the buyer has made his purpose and his reliance on the seller known.

(b) No, because when goods are bought under their trade or brand name (Best-Paint), they are not supplied as suitable for any particular purpose.

 
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