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Questions and Answers
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 (B)
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?
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.
Flashcards
Beale v Taylor subject
Beale v Taylor subject
Sale of goods by description in a contract.
Beale v Taylor car type
Beale v Taylor car type
Not a genuine 1961 Triumph Herald.
Legal issue in Beale v Taylor
Legal issue in Beale v Taylor
Seller's liability for goods not matching the description
Beale v Taylor outcome
Beale v Taylor outcome
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Sale by description, inspection
Sale by description, inspection
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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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