When is a party bound to inspect the goods at the time of delivery?
Ontario, Canada
The following excerpt is from Thomson v. Dyment, 1886 CanLII 25 (ON CA):
The same learned judge in Grimoldby v. Wells, L.R. 10 C.P. 394 said: “There is here a contract for the sale of goods, and by agreement they are to be delivered before a fair opportunity for inspection arises; for it cannot be said it would be reasonable to hold the defendants bound to examine them when they were delivered to him at half way of the journey. The defendant has a right to inspect the goods, and it seems to me that where the sale is by sample and inspection is to be at some place after delivery, the true proposition is that if the purchaser on such inspection finds the goods are not equal to sample, or if they are in fact not equal to sample, he has a right to reject them then and there.”
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