Beale v Taylor

Goods are sold by description even if the buyer has seen them, where he relied on a description of them that was not true.

Citation
[1967] 1 WLR 1193
Court
Court of Appeal (Civil Division)
Year
1967
Subject
Commercial Law
Topic
Implied terms: title, description, quality and fitness

Facts

Mr Taylor advertised a car for sale as a Herald convertible, white, 1961, Twin Carbs. Mr Beale went to see it, and saw a badge on the back reading 1200. He bought it. It turned out that the car was made up of two cars welded together, the back half of a 1961 Herald 1200 and the front half of an earlier model, and it was unroadworthy. Mr Beale sued for breach of the implied condition that the car would correspond with its description.

Legal principle

The Court of Appeal held that Mr Taylor was liable. Sellers LJ said that the sale was by description, even though Mr Beale had seen the car, because he had relied on the description of the car as a 1961 Herald convertible, both in the advertisement and on the badge, which was part of the contract. The car did not correspond with that description, because only half of it was a 1961 model. A sale of goods can be by description even though the buyer inspects the goods, if he relies on the description.

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