Implied condition and warranties :- Implied condition and warranties are those which are implied by low. Even though the parties have not stated in so many words, the law implies that in every contract of sale there should be certain conditions and warranties.
Implied condition and warranties are described from section 14 to 17.
Implied warranties
According to section 14(b) and (c), Unless there is a different intention in every contract or sale, there is an implied warranty.
(1) The buyer shall have and enjoy quiet possession of the goods.
(2) The goods shall be free from any charge or encumbrance 'in favour of a third party not declared or known to the buyer before or at the time when the contract is made.
Implied Condition as to title -
according to section 14(a), there are an implied conditions in a sale, unless the circumstances are such as to show a different intention. The seller has a right to sell the goods. In an agreement to sell, the implied condition is the seller will have a right to sell the goods at the time when property is to pass.
Ex. A sold bike to B who used it for several weeks. It was stolen bike, the owner of the bike was C. Now C has found his bike. A had no right to sale the bike. this is a breach of implied condition. hence B had to surrender bike to C, he could treat the breach of condition.
Sale by Description-
According to section 15 , it is consists of two parts. The first part deals with sale by description and the second part with sale by sample as well as by description. sample is addressed to the eyes and description is addressed to the ears. where the goods are sold by description it is an implied condition that the goods shall correspond with the description.
Ex.
Implied condition as to Quality or Fitness- There is no implied warranty or condition as the quality of fitness for any particular purpose of goods supplied. The general principle of contract is "caveat emptor". one party to a contract need not to disclose to the other party all the material factors known to him, which will enable the other party to enter into a contract. Each party shall make up his own mind. This principle, is extended, under the sale of goods, act: The buyer shall make under this act literally means, "buyer beware".
some condition must be fulfilled- The buyer makes known to the seller the particular purpose for which he buys the goods. thereby the buyer relies upon the skill and judgment of the seller. the goods are of a description, which it is in the course' of the seller's business to supply(weather he is a manufacturer or producer or not).
6 various modes in which contract may be discharged.
5 most remedies for breach of contract.
what is promissory note and bill of exchange?
Memorandum of association and it's all classes.
what are special features of partnership? right and duties of a partner.
Please do not enter any spam link in the comment box.