Why Was the Manufacturer Found Liable in the Case Of
Why was the manufacturer found liable in the case of: Drummond v Van Ingen (1887) as App Cas 284?
A) The defect was only minor and the quality was the same as the sample.
B) The cloth was equal to the sample but contained a defect that could not be discovered by reasonable inspection.
C) The cloth was equal to the sample but contained a defect that was discovered on inspection.
D) The cloth did not correspond with the sample.
The guarantee of fitness for purpose applies regardless of anything that happens after the goods are sold.
Where goods are sold by description, description goes to both identity and quality of goods.
Where goods are sold by description, there is an implied guarantee that the goods will correspond with the description.