X purchases one litre of milk telling the shopkeeper, Y that he needs germs free milk for his child.…
Having made known the particular purpose (germ-free milk for a child) and relied on the seller's skill, the buyer gets the benefit of the implied condition of fitness under…
Choose your answer
X purchases one litre of milk telling the shopkeeper, Y that he needs germs free milk for his child. Understanding what the customer wants, he gives X a promised quality of milk. The milk turns out not to be free of germs. Can X claim damages ?
Answer and explanation
Correct answer D
Having made known the particular purpose (germ-free milk for a child) and relied on the seller's skill, the buyer gets the benefit of the implied condition of fitness under section 16(1); the milk being contaminated, the answer to whether he can claim damages is "Yes, he can" (cf. Frost v Aylesbury Dairy).
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