fair average quality

Hence the expression 'fair average quality for the season' was held not to be part of the contract description, since it did not 'identify'the goods sold.

The defendant, who had acted as selling broker between the plaintiff purchaser and the seller of the raisins, stated that the raisins were "fair average quality of 1869 growth".

Sutton produced a new standard for wheat, 'W.A. Standard White' which went further than the previous 'Fair Average Quality' standard which had been in use in Australia.

On 14 March 1890, The Times reviewed an exhibition of the Royal Institute of Painters in Water Colours, finding the exhibition in general to be of "fair average quality.

Ashington Piggeries v. Hill (1971 H.L.) involved a contract for the sale of 'Norwegian herring meal fair average quality for the season, expected to analyse.' which was to be used to feed mink.

There is no limit for procurement in terms of volume, any quantity can be procured by FCI provided the stock satisfies FAQ (Fair Average Quality) specifications with respect to FCI.

In regards to the defendants' suit against Norsildmel, the Court of Appeal had found that the words "fair average quality of the season" were not part of the identification of the ingredient but instead a warranty as to quality.

(p489) Thus, in the Ashington Piggeries case it was held that herring meal, containing the poison DMNA, had not lost its identity as herring meal "fair average quality" of the season, since this was a statement of quality and not description.

The defendants in turn sued Norsildmel (into which Sildemelutvalget had evolved) under the claim that the words "fair average quality of the season" included in the contract for the herring meal were part of the identification of the ingredient, which the herring meal in question did not meet.