1. Facts of the Case
‘A’, a seller, entered into a contract with ‘B’, a buyer, to sell “Java sugar” according to a sample produced by A.
When delivery was made, the goods delivered matched the sample in every respect, but upon inspection, it was discovered that the sugar delivered was not Java sugar, but an inferior variety.
‘B’ now claims that he was misled because he specifically contracted to purchase “Java sugar.”
‘A’ argues that since the goods corresponded with the sample shown, he has fulfilled his part of the contract.
The issue arises whether ‘B’ is entitled to reject the goods or claim damages even though the goods matched the sample but not the description.
2. Issues in the Case
- Whether the seller (A) has fulfilled his contractual obligation when the goods correspond with the sample but not with the description?
- Whether ‘B’, the buyer, is entitled to reject the goods or claim damages under the Sale of Goods Act, 1930?
- Whether the condition as to description overrides the condition as to sample?
3. Legal Principles Covered to Support Case Proceedings and Judgements
Relevant Provisions:
- Section 15, Sale of Goods Act, 1930:
“Where there is a contract for the sale of goods by sample as well as by description, the bulk of the goods shall correspond both with the sample and with the description. If the goods correspond with the sample but not with the description, the buyer is entitled to reject them.” - Section 16(1), Sale of Goods Act, 1930 (Caveat Emptor):
There is no implied warranty or condition as to the quality or fitness for any particular purpose unless the buyer relies on the seller’s skill and judgment.
Legal Principle:
When a sale is made by sample as well as by description, it is an implied condition that the goods must correspond with both the sample and the description.
If the goods agree with the sample but do not match the description, the buyer can reject the goods.
Case Laws:
- Nichol v. Godts (1854) 10 Ex. 191
- The contract was for “foreign refined rape oil” and the goods tendered corresponded with the sample but were not of the described kind. The Court held that the buyer was entitled to reject the goods as they did not correspond with the description.
- Varley v. Whipp (1900) 1 QB 513
- It was held that when goods do not correspond with the description under which they were sold, the buyer is not bound to accept them, even if he has seen the goods before.
- Sale by Sample and Description Rule:
The condition of correspondence with description is independent and mandatory; satisfying only the sample condition does not excuse non-compliance with the description.
Application:
In the present case, the sale was “Java sugar according to sample.” Although the goods matched the sample, they did not correspond with the description “Java sugar.” Therefore, there is a breach of condition as to description under Section 15 of the Sale of Goods Act, 1930.
4. Possible Judgement
Since the contract between A and B was both by sample and description, and although the goods conformed to the sample, they failed to correspond with the description “Java sugar.”
Under Section 15 of the Sale of Goods Act, the buyer (B) is entitled to reject the goods and claim a refund or damages, as there is a breach of condition relating to description.
The seller (A) cannot defend by saying that the goods matched the sample, because the law explicitly requires compliance with both sample and description.
Hence, B is entitled to remedies such as:
- Rejection of the goods,
- Refund of the price paid (if any), and
- Damages for breach of contract.
About lawgnan:
Understand how Section 15 of the Sale of Goods Act, 1930 protects buyers in contracts involving both sample and description. At Lawgnan.in, explore landmark cases like Nichol v. Godts and Varley v. Whipp, which clarify that goods must correspond to both the sample and the description. Learn how a breach of description allows the buyer to reject defective or misleading goods. Lawgnan.in provides detailed explanations, case laws, and simplified notes for law students preparing for LLB and judiciary exams. Visit Lawgnan.in today and strengthen your understanding of commercial and contract law.
