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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 divers(prenominal) but similar decisions, relating to The Sales of Goods Act 1923(Cth).SummaryThis case deals with the defendant David Jones Ltd versus Willis the plaintiff, on the appeal from the supreme judicature of New South Wales. The case is tie in to The Sales of Goods Act 1923(Cth). In the case the plaintiff purchased a pair of shoes from the defendant David Jones, a retail distributor of footwear not construct 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 th e 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 gross gross revenue events of Goods Act 1923.The appeal then came on for hearing.The Sales of Goods Act 1923 (Cth)XCodifies the common law, with some modifications.XIn 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. XIt is a Sales of goods if the test is whether the primary objective of the contract is to transfer ownership of goods in this case that was exactly the situation.Contract- Section 6 defines a contract for the sale of goods as, A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for money consideration ca lled the price. (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 point 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 generous 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) An implied condition of fitness for a particular purpose and 19 (2) An implied condition of merchantable quality as it sold faul ty stock to the defendant Mrs. May Elisabeth Willis which caused her to fall down the stairs and halt her leg. The defendant can be sued for damages. I therefore support the trial limited to question of damages.BibliographyXCarvan, Miles C, Dowler W, A Guide to Business Law fifteenth edition. 2003 Sydney Lawbook Co.XCase study David Jones Ltd v Willis (1934) 52 CLR pages 110 till 133.