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Decision
The Court agreed that the new tableware did not correspond to the description of what had been ordered by Coastal Hotels Ltd. Any minor deviation from the contractual description of the goods may constitute a breach of the implied condition. Therefore, the change of the word on the backstamp from Royal Doulton to Capital was an alteration to the goods that the plaintiff received. As a result, he Court rules in favor of Coast Hotels under breach of warranty using rules from Sales of Goods Act. Coast Hotels Ltd. was awarded $20,000 in damages.
Reasoning
The reasoning for the verdict is because Sales of Goods Act states that the items must match agreed upon description. According to Section 17 of the Sale of Goods Act, there is an implied condition that the goods must correspond with the description in a contract for the sale of goods by description. The Court determines the description is what was on the samples given. Thus, the backstamp with the words “Royal Doulton” is included within the description.
Furthermore, Royal Doulton did indeed deliver goods that didn’t match description. Costal Hotels were not notified prior to this. There was no contract due to lack of consideration, so only standing offer to sell at discount. Therefore, the decision was not based on breach of contract. However, it was based on Sales of goods act’s “a contract for the sale of goods by description there is an implied condition that the goods must correspond with the description.” So it was a breach of implied condition.
In assessing damages, the judge took into consideration that Coast Hotels has had the use of the Royal Doulton tableware for a period of time. Thus they had no account of how many table settings were in existence or how many were transferred to other Coast hotels; and they did not know the value of what was

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