David Jones Ltd v Willis [1934] HCA 47 | 17 October 1934

ON 17 OCTOBER 1934, the High Court of Australia delivered David Jones Ltd v Willis [1934] HCA 47; (1934) 52 CLR 110 (17 October 1934).


Per Rich J at 118-9:

“..whenever the description of the goods enters into the transaction so that the buyer must be taken to rely upon it to a substantial degree as well as upon the identity of the goods, it is a sale by description. Therefore, if the description is a matter that influenced the buyer and had a material bearing on the decision to buy, even if it was not the only matter that influenced the buyer, then the sale is one by description.”

Goods which only have one specific use are not of merchantable quality if they are not fit for their purpose.


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