https://www.taxtmi.com/caselaws?id=304676 Where goods are sold by description and the buyer has no real opportunity to inspect them, the law implies a condition of merchantable quality; delivery of rotten and inferior goods constitutes a breach of that condition. The seller cannot shift deterioration to the buyer where property passes only on delivery. For breach of warranty or condition, damages are assessed by the difference between the market value of goods of the contracted quality and the market value of the goods delivered at the date of delivery. A public policy objection failed because the contract did not require any illegal act. The buyer's defence in diminution of price therefore succeeded to the extent of the correct market-based assessment. en-us Wed, 19 Oct 1955 00:00:00 +0530 Fri, 14 Oct 2022 14:49:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304676 Where goods are sold by description and the buyer has no real opportunity to inspect them, the law implies a condition of merchantable quality; delivery of rotten and inferior goods constitutes a breach of that condition. The seller cannot shift deterioration to the buyer where property passes only on delivery. For breach of warranty or condition, damages are assessed by the difference between the market value of goods of the contracted quality and the market value of the goods delivered at the date of delivery. A public policy objection failed because the contract did not require any illegal act. The buyer's defence in diminution of price therefore succeeded to the extent of the correct market-based assessment. Case-Laws Indian Laws Wed, 19 Oct 1955 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304676