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In force2020 Revised Edition

Part 1

8. Implied terms where hire is by description

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(1)

This section applies where, under a contract for the hire of goods, the bailor bails or agrees to bail the goods by description.

(2)

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

(3)

If under the contract the bailor bails or agrees to bail the goods by reference to a sample as well as a 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) by reason only that, being exposed for supply, the goods are selected by the bailee.

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