Prashant reaches a sweet shop and ask for 1 Kg of ‘Burfi’ if the sweets are fresh. Seller replies’ “Sir, my all sweets are fresh and of good quality.” Prashant agrees to buy on the condition that first he tastes one piece of ‘Burfi’ to check the quality. Seller gives him one piece to taste. Prashant, on finding the quality is good, ask the seller to pack. On reaching the house, Prashant finds that ‘Burfi’ is stale not fresh while the piece tasted was fresh. Now, Prashant wants to avoid the contract and return the ‘Burfi’ to seller. (a) State with reason whether Prashant can avoid the contract under the Sale of Goods Act, 1930? (b) Will your answer be different if Prashant does not taste the sweet?

By virtue of provisions of Section 17 of the Sale of Goods Act, 1930, in the case of a contract for sale by sample there is an implied condition that the bulk shall correspond with the sample in quality and the buyer shall have a reasonable opportunity of comparing the bulk with the sample. According to Section 15, where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. If the goods do not correspond with implied condition, the buyer can avoid the contract and reject the goods purchased. (a) In the instant case, the sale of sweet is sale by sample and the quality of bulk does not correspond with quality of sample. Hence, Prashant can return the sweet and avoid the contract. (b) In the other case, the sale of sweet is the case of sale by description and the quality of goods does not correspond with description made by seller. Hence, answer will be same. Prashant can return the sweet and avoid the contract.