Conditions and Warranties implied in the Contract of the Sale of Goods

 Briefly explain the conditions and warranties implied in the Contract of the Sale of Goods.

Here is the break down the implied conditions and warranties in a contract of sale of goods under the Sale of Goods Act, 1930.

Implied Conditions

  1. Condition as to Title: The seller has the right to sell the goods.

  2. Condition as to Description: The goods must correspond with the description provided by the seller.

  3. Condition as to Quality or Fitness: The goods must be fit for the purpose for which the buyer requires them, provided the buyer has made this purpose known to the seller.

  4. Condition as to Merchantable Quality: The goods must be of merchantable quality, meaning they should be fit for sale and use.

  5. Condition as to Sample: If the sale is by sample, the bulk of the goods must correspond with the sample in quality.

Implied Warranties

  1. Warranty as to Quiet Possession: The buyer shall have and enjoy quiet possession of the goods.

  2. Warranty as to Freedom from Encumbrances: The goods shall be free from any charge or encumbrance in favor of any third party not declared or known to the buyer before or at the time when the contract is made.

  3. Warranty as to Quality or Fitness for a Particular Purpose: If the buyer makes known to the seller the particular purpose for which the goods are required, there is an implied warranty that the goods shall be reasonably fit for that purpose.

These implied conditions and warranties ensure that the buyer gets what they are paying for and protect their interests in a contract of sale of goods.

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