141. The goods must "comply with the description given by the seller and possess the quality of the goods which the seller has held out to the consumer as a sample or model" (Article 2(2)(a)). Under the Sale of Goods Act, the consumer is protected by the implied terms that, in a sale by description, the goods will correspond with the description (section 13(1)) and that, in a sale by sample, the goods will correspond with the sample in quality (section 15(2)). Beale and Howells said that at first sight Article 2(2)(a) corresponded to sections 13(1) and 15(2) of the Sale of Goods Act although it appeared that the Commission might intend the provision to go further and require the goods to correspond to any description, not just description "in the narrower sense of a statement which identifies the goods by their critical characteristics, which is the way that s. 13(1) has been interpreted" (pp 3-4). The Committee agrees that this point needs to be clarified because, as Beale and Howells pointed out, the distinction is important in relation to the consumer's remedies and hence the extent of retailers' obligations.
Fitness for purpose
142. The goods must be "fit for the normal purposes for which goods of the same type are normally used" (Article 2(2)(b)). Under domestic law a similar requirement is imposed by section 14(2B) of the Sale of Goods Act. "Fitness for all purposes for which goods of the kind in question are commonly supplied" is one matter which may be relevant in determining whether the goods in question are of a "satisfactory quality". Article 2(2)(c) provides that goods must be fit for any particular purpose for which the consumer requires them and which he had made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely on the seller's explanations. This provision corresponds to section 14(3) of the Sale of Goods Act and also Article 35(2)(b) of the Vienna Sales Convention. The Directive does not, however, contain the same limitation on the seller's liability as the Sale of Goods Act or the Vienna Sales Convention under which the seller will not be liable where it is unreasonable for the buyer to rely on the seller's skill and judgment. Beale and Howells queried whether such a limitation might in any event be implicit in the Directive as under some continental legal systems there is a general principle of good faith or one of abuse of rights (p 4, Q 21). We recommend that it should be made explicit in the Directive that the seller should not be liable where it would be unreasonable for the consumer to rely on the seller's skill and judgment. The Directive should adopt the wording of Article 35(2)(b) of the Vienna Sales Convention: "except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgment".
Quality and performance
143. Article 2(2)(d) requires the quality and performance of the goods to be "satisfactory given the nature of the goods and the price paid and taking into account the public statements made about them by the seller, the producer or his representative". Under the Sale of Goods Act (section 14(2)) the goods must be "of satisfactory quality" (formerly "merchantable quality"). Goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all other relevant circumstances. The Act lists specific aspects of quality (including appearance and finish, freedom from minor defects, safety and durability) all or any of which can be taken into account as appropriate (section 14(2B).