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International Business Machines v Scherban, [1925] 1 DLR 864


D refused to accept a device because a piece of glass, which would cost cents, was broken. Arguing it is not of merchantable quality. Device bought for Ds own use.


Is the adding machine merchantable?


Merchantability means the buyer is entitled to receive the goods in perfect condition allowing the buyer to resell the goods. Minor defects may render goods unmerchantable.


Dissent: Case comes w/in de minimis non curat lex - D should not have rejected the device
Majority: Scale delivered was not of merchantable quality. The “quality” of goods include their state or condition


D had every right to reject the dial – the maxim does not apply in this case


  1. above the law 4

    Does not apply to produce? :)

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