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What is the subject of the case Beale v Taylor?
What is the subject of the case Beale v Taylor?
Sale by description of goods in a contract of sale
The car in Beale v Taylor was a genuine 1961 Triumph Herald.
The car in Beale v Taylor was a genuine 1961 Triumph Herald.
False
What was the specific legal issue raised in Beale v Taylor?
What was the specific legal issue raised in Beale v Taylor?
Whether the seller could be held accountable for failing to sell "as described"
What was the outcome of the court's judgement in Beale v Taylor?
What was the outcome of the court's judgement in Beale v Taylor?
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According to the case Beale v Taylor, a sale by description can occur even if the buyer examines the goods.
According to the case Beale v Taylor, a sale by description can occur even if the buyer examines the goods.
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Study Notes
Case Name and Details
- Case name: Beale v Taylor
- Jurisdiction: England and Wales
- Year: 1967
- Area of Law: Sale by Description, Sale of Goods Act
Case Summary
- This English case concerns the implied condition of "sale by description" in a contract of goods sale.
- A 1961 Triumph Herald was advertised for sale.
- The advertisement described the car as "White, 1961 Herald Convertible".
- The buyer inspected the car and saw a "1200" disc on the rear.
- Believing the car to be a complete 1961 model, the buyer purchased the car.
- Later, it was discovered that the car was a combination of a 1961 Triumph Herald rear and an older model's front.
Issues Raised
- Could the seller be held accountable for failing to sell "as described"?
Court Ruling
- The court held the seller liable.
- The description in the advertisement was relied upon by the buyer.
- The car did not correspond to the description.
- Even if the buyer inspected the goods, a "sale by description" may still apply, contingent on the circumstances.
- In this instance, the buyer relied on the description, which was incomplete and misleading, leading to a violation of the Sale of Goods Act.
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Description
Explore the case of Beale v Taylor from 1967, which examines the legalities surrounding 'sale by description' under the Sale of Goods Act. This quiz will test your understanding of the implications of misrepresentation in sales contracts and the responsibilities of sellers. Dive into the court ruling and its impact on consumer rights.