Question

Alwi, a second-hand seller has exhibited his wares at the Cheap Sales Expo. Customers are allowed to view and check the condition of the goods before making a payment. However, after two days a customer came to see Alwi and wanted to return the item he bought for the low quality item. Advise Alwi by providing the provision from Sales of Goods Act 1957and ONE (1) relevant case.

course: Business Law

Answer 1

Alwi should not accept the return of the goods as per the sale of goods act 1937 since she is a second hand seller who has exhibited his wares at the Cheap Sales Expo. Customers were allowed to view and check the condition of the goods before making a payment. Hence, it is not the responsibility of Alwi for the quality of the goods bought by the customers.

One such example of the return of goods by the customer to the seller is that of Edwin McGregor Vs John Stuart (2008), a session court decision. John has sold a second hand car to Edwin who later found that there is a problem in the engine of the car. However, John had asked Edwin to get the car checked from the mechanic and included the sign of mechanic along with his own sign and sign of Edwin. On the complaint filed by Edwin in the court of law under sale of goods act 1937, John won the case on the basis of contract being made by him.