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Terms II (Classification of terms (Classification by statute (Sale of…

- - - - To affirm (continue) the contract AND claim damages, OR
      - To terminate the contract and claim damages
  - - - s12 - title - s12(5A)
      - s13 - description - s13(1A)
      - s14 - satisfactory quality/fitness for purpose - s14(6)
      - s15 - sample - s15(3)
      - s15A SOGA 1979
        
        Arcos v Ronaasen (1933) - party terminated a contract for a minor breach of the implied term that goods must match their description - s13 SOGA
        
        Atkin LJ: "A ton does not mean about a ton, or a yard about a yard. Still less when you descend to minute measurements. Does 1/2 inch mean about 1/2 inch? If the seller wants a margin he must and in my experience does stipulate for it."
        
        Remedied by s15A SOGA - if such SLIGHT breach of ss13, 14, or 15 of the SOGA that...
        
        Rejection of goods would be unreasonable
        
        Breach may be treated as a breach of warranty
  - - - But not always - Schuler v Wickman (1974), per Lord Reid
        
        "Use of the word 'condition' is an indication - even a strong indication - [of the parties' intention] but it is by no means conclusive...
        
        The fact that a particular construction leads to a very unreasonable result must be a relevant consideration. The more unreasonable the result the more unlikely it is that the parties can have intended it..."
- - - - Warranties - Bettini v Gye (1876)
      - Conditions - Poussard v Spiers (1876)