Australian Knitting Mills v Grant • Australian Knitting Mills v Grant (1933) 50 CLR 387 • “A difficulty, therefore, cannot but arise in determining when the sale is "by" the description and when not. Buyer responds that the goods delivered are not satisfy with the description and this issue had been referred to arbitration. Then, the machine has been delivered to the buyers. Grant v Australian Knitting Mills • Dixon J (on appeal to the High Court of Australia): Merchantable quality requires that the goods be in such an actual state that a buyer fully acquainted with the facts, and knowing of any defects, would pay the price based on their apparent condition if the good were in reasonably sound order. The majority, Starke, Dixon and McTiernan JJ, upheld the appeal.Starke J agreed with the findings of Murray CJ that (1) the manufacturing process was the source of some of the sulphur content, but it was not possible to determine the proportion,Evatt J dissented, holding that Dr Grant's dermatitis was caused by sulphur compounds and that the manufacturer had failed to fully or completely carry out its washing process.One of the issues was whether specific identified goods were goods "bought by description" within the meaning of the The hearing before the Privy Council lasted 9 days, bringing the total hearing days to 35. We have created a browser extension. Hence, in a self-service shop such as hypermarket, where the goods are selected or can be examined by the customers, it still can be classified as a sale by description provided that the goods are described in another way either on the label or the package.There are some cases of failure of goods correspond with the description falls into two categories which can be shown in the following cases.If the goods were considered substantially what is required, but existence of a small discrepancy has occurred in the contract. The seller thought the cloth was for industrial use but the buyer wanted to make dresses.
Suppose that the staves that the buyer ordered should be half inch thick, but only 15% comply with the requirement and the remaining was nearly all of the staves less than 9/16 inch thick. Grant v Australian Knitting Mills Where a buyer buys the goods for their usual (and possibly only) purpose by the mere fact of making the purchase, the buyer will be taken to have made known to the seller the purpose for which he bought the goods and the requirement in s.14(3) about knowledge will be satisfied. The seller supplies the quantities that the buyer has ordered. There is a strict duty to provide goods which are of merchantable quality and which are reasonably fit for the purpose for which they were being sold.
Sales of unascertained or future goods as being of a certain kind or class, or to which otherwise a ‘description’ in contract is appliedii. The plaintiff was informed by the salesman that the car was some problem exists in the clutch and the oil pressure. In this case the Privy Council was not satisfied that the trial Judge was wrong.Dr Grant was held to have relied upon the skill and judgment of the retailer that the garments were fit for wearing, with the Privy Council saying: The arbitrator found that the staves were merchantable and commercially sold within the contract specification when the staves were shipped. The reliance will seldom be express: it will usually arise by implication from the circumstances: thus to take a case like that in question, of a purchase from a retailer, the reliance will be in general inferred from the fact that a buyer goes to the shop in the confidence that the tradesman has selected his stock with skill and judgment: the retailer need know nothing about the process of manufacture: it is immaterial whether he be manufacturer or not: the main inducement to deal with a good retail shop is the expectation that the tradesman will have bought the right goods of a good make: the goods sold must be, as they were in the present case, goods of a description which it is in the course of the seller's business to supply: there is no need to specify in terms the particular purpose for which the buyer requires the goods, which is none the less the particular purpose within the meaning of the section, because it is the only purpose for which any one would ordinarily want the goods.
Grant v Australian Knitting Mills [1936] AC 85 Case summary last updated at 20/01/2020 15:57 by the Oxbridge Notes in-house law team. This can be shown in BS Brown & Sons Ltd v. Craiks Ltd (1970) 1 All ER 823 case. This kind of situation can be shown in the Moore & Co. and Landauer & Co. (1921) 2 KB 519 case. Some of the members from the same trade association are bought the ground nut extraction and the purpose of compounding into the cattle and poultry food. The wholesale want to claim the damages due to the breach of warranty and condition from the defendant.
The court held that the buyer had impliedly made known to the seller the purpose for which he bought the underpants (i.e.
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