Sale by description in Braintree and through the UK is importan because section 13 of the Sale of goods Act 1979 (and the equivalent provisions in other legislation) provides that where there is a contract for the sale of goods by description there is an implied term that the goods will correspond with the description. However, the seller does not need to be a business seller since section 13 of the aforementioned Act may provide a remedy in purely private sales.
Nevertheless, the seller may not be in any way to blame for the incorrect description for section 13 of the Sale of Goods Act 1979 to apply. To decide if section 13 of the Act will apply to a statement made by the seller we must first decide whether the statement relates to the ‘identity’ of the goods. For section 13 to apply there must be a sale ‘by’ description, in the sense that the description of the goods has had some form of influence on the buyer’s decision to purchase. This is most obviously the case where the buyer has not seen the goods but is wholly relying on the description.
Moreover, there can also be a sale ‘by’ description where the buyer has seen the goods, where the buyer has selected the goods and even where they have examined them under section 13 of the Sale of Goods Act 1979. However, there will not be a sale ‘by’ description where the buyer has not (or should not have) relied on the description. Therefore, the idea here seems to be that the description has not had any influence and that the goods were not bought ‘by’ reference to the description, but simply on the basis of the buyer`s own judgement.
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