Facts
- Smith agreed to purchase some oats from Hughes to feed his racehorse
- Hughes delivered green oats (also known as new oats) to Smith
- Racehorses cannot be fed on green oats, they must be fed on much more expensive ‘old oats’ which Smith believed he was going to get
Issue
- Could the contract be avoided as Hughes had delivered the wrong type of oats
Decision
- No avoidance, contract remained in place
Reasoning
- Smith had not pointed out the potential confusion to Hughes
- There was no reason to believe, from their communication, that Smith explicitly required old oats
- Affirmation of the principle of buyer beware, and that contractual agreements are objectively judged
