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Questions and Answers
What is the name of the case discussed in the text?
What is the name of the case discussed in the text?
Beale v Taylor
What year was the case of Beale v Taylor decided?
What year was the case of Beale v Taylor decided?
1967
What area of law is Beale v Taylor concerned with?
What area of law is Beale v Taylor concerned with?
Sale by Description, Sale of Goods Act
The car in Beale v Taylor was advertised as a "White, 1961 Herald Convertible."
The car in Beale v Taylor was advertised as a "White, 1961 Herald Convertible."
What did the buyer, Beale, find on the rear of the car that reinforced his belief it was a 1961 model?
What did the buyer, Beale, find on the rear of the car that reinforced his belief it was a 1961 model?
The car in Beale v Taylor was actually a combination of two cars.
The car in Beale v Taylor was actually a combination of two cars.
What is the main legal question raised in the Beale v Taylor case?
What is the main legal question raised in the Beale v Taylor case?
The court decided that the seller was not liable because the buyer should have inspected the car more thoroughly.
The court decided that the seller was not liable because the buyer should have inspected the car more thoroughly.
Can a buyer be considered to have entered into a "sale by description" agreement even if they inspected the goods?
Can a buyer be considered to have entered into a "sale by description" agreement even if they inspected the goods?
The discrepancy between the description of the goods and the actual goods is always immediately obvious.
The discrepancy between the description of the goods and the actual goods is always immediately obvious.
What section of the Sale of Goods Act was potentially violated in the Beale v Taylor case?
What section of the Sale of Goods Act was potentially violated in the Beale v Taylor case?
Flashcards
Beale v Taylor Case Year
Beale v Taylor Case Year
The Beale v Taylor case was decided in 1967.
Beale v Taylor Case Area of Law
Beale v Taylor Case Area of Law
Beale v Taylor deals with sale of goods law, specifically sale by description.
Car Description in Beale v Taylor
Car Description in Beale v Taylor
The car was advertised as a "White, 1961 Herald Convertible."
Buyer's Belief in Beale v Taylor
Buyer's Belief in Beale v Taylor
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Car's True Nature in Beale v Taylor
Car's True Nature in Beale v Taylor
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Seller's Potential Liability in Beale v Taylor
Seller's Potential Liability in Beale v Taylor
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Seller's Liability Ruling in Beale v Taylor
Seller's Liability Ruling in Beale v Taylor
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Inspection's Effect on Sale by Description
Inspection's Effect on Sale by Description
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Obvious Discrepancy in Sale of Goods
Obvious Discrepancy in Sale of Goods
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Sale of Goods Act Section in Beale v Taylor
Sale of Goods Act Section in Beale v Taylor
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Sale by Description Defined
Sale by Description Defined
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Study Notes
Case Name and Citation
- Beale v Taylor [1967] 1 WLR 1193; [1967] 3 All ER 253
- Jurisdiction: England and Wales
- Year of the case: 1967
Area of Law
- Sale by Description
- Sale of Goods Act
Case Summary
- English case law concerning the implied condition of "sale by description" in a contract of sale of goods.
- A 1961 Triumph Herald was advertised for sale by a private seller. The advertisement described the car as a "White, 1961 Herald Convertible...".
- The buyer (claimant) inspected the car and saw a "1200" disc on the rear, believing it was a complete 1961 model. He bought the car.
- The car had been created by attaching the rear half of a 1961 Triumph Herald 1200 to an earlier model's front half (a 1961 model wasn't complete).
Issue
- Could the seller be held liable 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, and the vehicle did not correspond to the description.
- The sale was considered a "sale by description" even though the buyer inspected the vehicle. The buyer's reliance on the description and visible part of the vehicle, (the metal disc), is part of the court ruling.
"Sale by Description" in relation to inspected goods
- The answer depends on the circumstances.
- Even if a buyer inspects goods, there may still be a sale by description if the buyer relied on the description.
- In Beale v Taylor, the buyer's reliance on the description in the advertisement and the visible disc is the basis of the court's decision.
- The discrepancy between the goods and the description in this case was not immediately obvious.
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Description
Explore the landmark case Beale v Taylor, which revolves around the sale by description under the Sale of Goods Act. This case highlights the legal implications when a seller's description does not accurately match the product sold. Understand the court's ruling and its significance in consumer protection laws.
