Modern Law of International Trade by Ajendra Srivastava
Author:Ajendra Srivastava
Language: eng
Format: epub
ISBN: 9789811554759
Publisher: Springer Singapore
It is important to note that “merchantable” does not mean “good, or fair, or average quality.”73 Goods may be even of the inferior quality yet they may be found merchantable. Merchantable does not mean that the goods in question, “if only meant for one particular use in ordinary course, is fit for that use;”74 does not mean “that the thing is saleable in the market simply because it looks all right.”75 In fact, the issue of merchantability is related to the description under which the goods are sold. The following passage from the judgment of Mellor J in Jones v Just,76 quoted by Lord Reid in Henry Kendall & Sons v William Lillico, succinctly makes the point:
It appears to us that, in every contract to supply goods of a specified description which the buyer has no opportunity to inspect, the goods must not only in fact answer the specific description, but must also be saleable or merchantable under that description.77
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