Section 15 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 15 is a single sentence with two halves. When goods are sold by description, there is an implied condition that the goods shall correspond with the description. And when the sale is by sample as well as by description, it is not enough that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. If the sale is by sample as well as by description, it is not sufficient that the bulk corresponds with the sample if the goods do not also correspond with the description. Because the term is a condition, its breach lets the buyer treat the contract as repudiated, subject to the limits in section 13.
Reading note
This article follows the consolidated text of the Act consulted (latest amendment shown: Act 28 of 1993); later amendments should be checked in the official text. The word "condition" has the meaning given in section 12: a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. Section 15 is the first of the implied terms about the goods themselves that follow the undertakings on title in section 14. Supply terms that spell out the description precisely, in a vendor and supplier agreement, give the implied condition something definite to bite on.
The first half: the description
"Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description."
Three elements matter.
- A contract for the sale of goods by description. The Act does not define the phrase. It speaks of a contract "by description", without a list of the situations that count. The reader should look at the contract itself to see how the goods are described.
- An implied condition. The term is implied; no one needs to write it in. It is a condition, not a warranty.
- Correspondence. The goods "shall correspond with the description". The test is whether what is delivered matches what the contract said.
Unlike section 14, this section does not open with the words "unless the circumstances show a different intention". The text of section 15 itself contains no such saving words.
Example (the writer's own, not printed in the Act): Bansal Exports orders from Karan Steel "stainless steel rods, grade 304, 12 mm diameter, 6 m length". Karan Steel delivers rods of a different grade. The contract was for goods by description, and the goods do not correspond with the description. The implied condition in section 15 is not met.
Because the term is a condition, the buyer in the example has the right given by section 12(2): to treat the contract as repudiated. Section 13 describes the situations in which a buyer's right to do so is cut back, for example after acceptance in a contract that is not severable.
The second half: sample as well as description
"If the sale is by sample as well as by 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."
This part adds a second layer. Where a contract is both by sample and by description, the bulk matching the sample does not close the matter. The goods must also correspond with the description. The buyer gets the benefit of both tests.
Example (the writer's own): Maya Textiles shows Dhillon Garments a swatch of a cotton-poplin fabric and the contract calls for "pure cotton poplin, 44 inches wide". The bulk delivered matches the swatch in feel and colour but the contract's stated width is 40 inches. The bulk corresponds with the sample, but not with the description; the second half of section 15 says that is not sufficient.
The sale by sample itself, which has its own implied conditions, is the subject of section 17, covered in a separate article. Section 17(1) says a contract of sale is a contract for sale by sample "where there is a term in the contract, express or implied, to that effect".
Comparison with neighbouring sections
| Section | Implied term | Nature | Trigger |
|---|---|---|---|
| 14(a) | seller has (or will have) a right to sell | condition | any contract of sale |
| 15 | goods correspond with the description | condition | sale by description |
| 16(1) | goods reasonably fit for the purpose made known | condition | buyer relies on seller's skill or judgment |
| 16(2) | goods of merchantable quality | condition | bought by description from a seller who deals in goods of that description |
| 17(2) | bulk corresponds with sample, etc. | condition | sale by sample |
The table lists the implied terms as the sections print them. Section 16(2) also uses the phrase "bought by description", so the two sections often have to be read together. They do different jobs: section 15 asks whether the goods are what the description says; section 16(2) asks whether goods bought by description from a seller who deals in goods of that description are of merchantable quality. The detail of section 16 is in the article on that section.
Drafting and buying points
- Write the description with care. Quote the grade, size, quantity, brand if any, and standard. The implied condition tests the goods against those words.
- Do not stack inconsistent descriptions. If the quotation says one thing, the purchase order another and the invoice a third, the "description" is harder to fix. For how a purchase order works as a document, see what a purchase order is.
- If you use a sample, say so, and say whether the description is also to count. The second half of section 15 protects the buyer where both are used.
- Inspect on receipt. The buyer's right to examine the goods is dealt with in later sections, and acceptance can affect rejection under section 13.
The text of section 15 is silent on what makes a sale "by description" and on how much deviation counts. This article therefore sets out no test of its own.
Need help drafting the description of goods?
If you are buying or selling goods on a catalogue, a specification or a sample, we can prepare or review a vendor and supplier agreement so that the description you rely on is exact and consistent across the quotation, order and invoice.
Key takeaways
- In a sale by description, there is an implied condition that the goods correspond with the description.
- The implied term is a condition: breach gives a right to treat the contract as repudiated, subject to section 13.
- In a sale by sample and by description, matching the sample is not enough if the goods do not match the description.
- The Act does not define "by description"; read the contract.
- Consistent, precise descriptions make the implied condition easy to apply.
Read next
- Section 14 of the Sale of Goods Act, 1930: implied undertakings as to title
- Section 16 of the Sale of Goods Act, 1930: implied conditions as to quality or fitness
- Section 17 of the Sale of Goods Act, 1930: sale by sample
- What is a purchase order
Disclaimer: Based on the consolidated text of the Sale of Goods Act, 1930 consulted on 2 October 2026, whose latest amendment shown is Act 28 of 1993. It explains the words of the statute only; later amendments and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.