in this articles we are discus Implied Conditions in the Sale of Goods Act, 1930
The Sale of Goods Act 1930 is a piece of legislation in India that regulates the sale of goods. Under this Act, there are certain conditions that are implied in contracts for the sale of goods. These conditions are as follows:
- Condition as to title
- Condition as to merchantability
- Condition as to description
- Condition as to fitness for a particular purpose
- Condition as to samples
The Sale of Goods Act, 1930 is an important piece of legislation in India that regulates the sale of goods. Under this Act, there are certain conditions that are implied into contracts for the sale of goods. These conditions are designed to protect the buyer and ensure that they receive goods that are of a certain quality and fit for the purpose they are intended to be used for.
Implied Conditions in the Sale of Goods Act, 1930
Condition as to title
The first implied condition is the condition as to title. This means that the seller must have the right to sell the goods and must have the authority to transfer ownership of the goods to the buyer. If the seller does not have the right to sell the goods, the contract is void and the buyer has the right to reject the goods and claim a refund.
Condition as to merchantability
The second implied condition is the condition as to merchantability. This means that the goods must be of merchantable quality, which means they must be fit for the purpose they are intended to be used for and must be of a quality that is generally expected of goods of that type. If the goods are not of merchantable quality, the buyer has the right to reject the goods and claim a refund.
Condition as to description
The third implied condition is the condition as to description. This means that the goods must correspond with their description. This means that the goods must match any description provided by the seller, either written or verbal. If the goods do not correspond with their description, the buyer has the right to reject the goods and claim a refund.
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Condition as to fitness for a particular purpose
The fourth implied condition is the condition as to fitness for a particular purpose. If the buyer tells the seller that the goods are being bought for a particular purpose, the seller must ensure that the goods are fit for that purpose. If the goods are not fit for the purpose they are intended to be used for, the buyer has the right to reject the goods and claim a refund.
Condition as to samples
The fifth implied condition is the condition as to samples. If the goods are sold by sample, the buyer has the right to expect that the goods will correspond with the sample in quality and other characteristics. If the goods do not correspond with the sample, the buyer has the right to reject the goods and claim a refund.
In addition to these implied conditions, the Sale of Goods Act, 1930 also provides for certain implied warranties. An implied warranty is a promise made by the seller to the buyer that is not explicitly stated in the contract of sale but is implied by law. The two implied warranties under the Sale of Goods Act, 1930 are the warranty of fitness for a particular purpose and the warranty of quality.
The warranty of fitness for a particular purpose is similar to the condition as to fitness for a particular purpose, but it applies even if the buyer does not tell the seller that the goods are being bought for a particular purpose. The warranty of quality is a promise that the goods will be of a certain quality and will be fit for the purpose they are intended to be used for.
In summary, the Sale of Goods Act, 1930 includes a number of implied conditions and warranties that are designed to protect the buyer and ensure that they receive goods that are of a certain quality and fit for the purpose they are intended to be used for. If the seller fails to meet any of these conditions or warranties, the buyer has the right to reject the goods and claim a refund.