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CA Foundation doubt

What are the implied conditions under the Sale of Goods Act, 1930?

Implied condition

Implied condition

Asked by ISSA··1 answer

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  1. BrunoAI answerAI first answer — verify with your teacher

    Your doubt is a bit brief, so here are the implied conditions under the Sale of Goods Act, 1930. These terms are treated as part of the contract even if the parties never state them: 1. Title (Sec 14(a)): the seller has the right to sell the goods. 2. Description (Sec 15): goods must match the description given. 3. Sample (Sec 17): bulk must match the sample, and the buyer gets a chance to compare. 4. Description + sample (Sec 15): goods must match both. 5. Fitness for buyer's purpose (Sec 16(1)), merchantable quality (Sec 16(2)) and wholesomeness for eatables. They can be excluded by express agreement. If you meant a specific case or question, post it and I'll help!

Related questions

What is the difference between a condition and a warranty?

A condition is a stipulation essential to the main purpose of the contract, and its breach allows repudiation. A warranty is collateral to the main purpose, and its breach gives only a right to claim damages.

Can implied conditions be excluded?

Yes, implied conditions can be negatived or varied by express agreement between the parties or by the course of dealing between them.

What does caveat emptor mean in a sale of goods?

It means 'let the buyer beware', so the buyer must examine the goods; the implied conditions of fitness and merchantable quality act as exceptions to this rule.

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