s 8 Implied terms where hire is by description
8.—(1) This section applies where, under a contract for the hire of goods, the bailor bails or agrees to bail the goods by description. (2) In such a case, there is an implied condition that the goods will correspond with the description. (3) If under the contract the bailor bails or agrees to bail the goods by reference to a sample as well as a description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. (4) A contract is not prevented from falling within subsection (1) by reason only that, being exposed for supply, the goods are selected by the bailee.