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Case study: David Jones Ltd v Willis (1934) 52 CLR pages 110 till 133. This case has created controversy among the Courts and such justices as Rich, Starke and Dixon. They all have different but similar decisions, relating to The Sales of Goods Act 1923(C ¡Ã‚ ¦th).   Ã‚  Ã‚  Ã‚  Ã‚   Summary This case deals with the defendant David Jones Ltd versus Willis the plaintiff, on the appeal from the supreme court of New South Wales. The case is related to The Sales of Goods Act 1923(C ¡Ã‚ ¦th). In the case the plaintiff purchased a pair of shoes from the defendant David Jones, a retail distributor of footwear not manufactured by it. On the third occasion of wearing the shoes the heel came off while the plaintiff was walking down the stairs. She fell over and suffered injuries. She sued for damages. The court held that there was a breach of the conditions of merchantable quality and fitness for purpose. The judge granted a new trial limited to question of damages. The appeal by the defendant was dismissed by the Full Court of the Supreme Court. Special leave to appeal from the judgment of the Full Court was granted to the defendant by the High Court on question whether there was evidence of implied condition or warranty within the meaning of sec 19 (1) or (2) of the sales of Goods Act 1923.The appeal then came on for hearing. The Sales of Goods Act 1923 (C ¡Ã‚ ¦th) „X  Ã‚  Ã‚  Ã‚  Ã‚  Codifies the common law, with some modifications. „X  Ã‚  Ã‚  Ã‚  Ã‚  In this situation the contact was for a sale of goods. As we can assume that the pair of shoes purchased from the retailer David Jones cost greater than $20 and the plaintiff had evidence in writing such as a receipt. „X  Ã‚  Ã‚  Ã‚  Ã‚  It is a Sales of goods if  ¡Ã‚ §the test is whether the primary objective of the contract is to transfer ownership of goods ¡Ã‚ ¨ in this case that was exactly the situation.   Ã‚  Ã‚  Ã‚  Ã‚   Contract- Section 6 defines a contract for the sale of goods as,  ¡Ã‚ §A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for money consideration called the price. ¡Ã‚ ¨ (Carvan, Miles C, Dowler W, 2003, 423). The defendant David Jones transferred a pair of shoes (goods), with the plaintiff for a certain price. As there was an exchange of property with money The Sales of Goods Act applies. The pair of shoe... ..., or whether the sales representative knew the particular purpose, it does not seem the parties are going to say something new, even if they were not telling the truth. And it seems the merchantable quality section has been fairly investigated and enough evidence has been obtained to come to a conclusion. In conclusion the sale between David Jones and Mrs. May Elisabeth Willis was a sale by description, it had breeched the implied condition of fitness for a particular purpose along with the implied condition of merchantable quality. Therefore I find the defendant David Jones guilty of sections 19 (1)  ¡Ã‚ §An implied condition of fitness for a particular purpose and 19 (2)  ¡Ã‚ §An implied condition of merchantable quality ¡Ã‚ ¨ as it sold faulty stock to the defendant Mrs. May Elisabeth Willis which caused her to fall down the stairs and brake her leg. The defendant can be sued for damages. I therefore support the trial limited to question of damages. Bibliography „X  Ã‚  Ã‚  Ã‚  Ã‚  Carvan, Miles C, Dowler W, A Guide to Business Law 15th edition. 2003 Sydney: Lawbook Co. „X  Ã‚  Ã‚  Ã‚  Ã‚  Case study: David Jones Ltd v Willis (1934) 52 CLR pages 110 till 133.