Section 11C Implied terms where transfer is by description.F2

(1)

This section applies where, under a F1relevant contract for the transfer of goods, the transferor transfers or agrees to transfer the property in the goods by description.

(2)

In such a case there is an implied term that the goods will correspond with the description.

(3)

If the transferor transfers or agrees to transfer the property in the goods by reference to a sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.

(4)

A contract is not prevented from falling within subsection (1) above by reason only that, being exposed for supply, the goods are selected by the transferee.

Annotations

Textual amendments

F1: Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 38(a); S.I. 2015/1630, art. 3(g) (with art. 6(1))
F2: Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para. 1 (with s. 8(3))

Notes on Part IA

Textual amendments

F1: Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.1 (with s. 8(3))

Notes on Contracts for the transfer of property in goods

Textual amendments

F1: Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para. 1 (with s. 8(3))