Hartley Joinery Ltd buys 500 oak boards described in the contract as 'kiln-dried', which it needs for making internal doors. The seller delivers air-dried boards, which are unsuitable for that use. The correspondence of goods with their description is a condition under the Sale of Goods Act 1979. What remedies does Hartley have?

Correct answer: D) It may reject the boards and treat the contract as terminated, and/or claim damages

Explanation

Section 13 Sale of Goods Act 1979 implies a condition that goods sold by description will correspond with the description. Breach of a condition entitles the innocent party to treat the contract as discharged (in a sale of goods, to reject the goods) and to claim damages; alternatively it may affirm and claim damages only. In a business sale, s15A removes the right to reject where the breach is so slight that rejection would be unreasonable, but delivering boards unsuitable for their intended use is not slight. Specific performance is rarely ordered for ordinary goods, and liability does not depend on the breach being deliberate.