Pan African Trading Agencies v Chande Brothers Limited
Pan African Trading Agencies v Chande Brothers Limited (Civil Appeal No. 13 of 1952) [1952] EACA 141 (1 January 1952)
The Court of Appeal held that 'fair average quality' was an implied term of the contract, based on the entire course of dealings, prior offers, and the parties' understanding, even though the final written contract omitted the term. The Court found that the delivery of beans not of f.a.q. constituted a breach of contract. It further held that under section 32(3) of the Sale of Goods Ordinance, the respondents were entitled to reject only the portion of goods not conforming to the contract description, as the difference in quality in this case amounted to a difference in description. On damage…
Source excerpt
- Sale Of Goods
- Implied Terms
- Partial Rejection Of Goods
- Damages For Breach Of Contract
- Interest Awards
- Contractual Description