A buyer orders, without seeing it, a machine described as brand new. On first examining it after delivery, and before accepting it, the buyer finds that it is old and repaired. What may the buyer do?

Section 15 of the Sale of Goods Act, 1930 implies a condition that goods sold by description correspond with the description. Breach of a condition entitles the buyer to reject the goods under section 12(2), and delivery alone is not acceptance while the buyer has had no reasonable opportunity to examine them (sections 41 and 42). The seller's knowledge is irrelevant, since the implied condition does not depend on fault.