[11IF1Implied terms where hire is by description.S
(1)This section applies where, under a contract for the hire of goods, the supplier hires or agrees to hire the goods by description.
(2)In such a case there is an implied term that the goods will correspond with the description.
(3)If under the contract the supplier hires or agrees to hire the goods by reference to a sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
(4)A contract is not prevented from falling within subsection (1) above by reason only that, being exposed for supply, the goods are selected by the person to whom the goods are hired.]
Textual Amendments
F1Pt. IA (ss. 11A-11L) with Pt. heading and cross headings inserted (3.1.1995) by 1994 c. 35, ss. 6, 8(2), Sch. 1 para.1 (with s. 8(3))