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Implied Conditions and Warranties :

Implied Conditions and Warranties By – Nidhi shrotriya F.Y Div-I Roll no. - 50

Introduction:

Introduction In a contract of sale, usually parties makes certain statements or the stipulation about the goods under sale or purchase. These stipulations in a contract of sale made with reference to the subject matter of sale. It may be either a condition or warranty. These stipulations forms the part of the contract of sale and a breach of which may provides a remedy to the buyers against the seller

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Implied condition and warranties: A stipulation (or term) in a contract of sale of goods may be express or implied. Express terms are those which have been expressly agreed upon by the parties. Implied terms are those which have been enacted in the Sale of Goods Act. Implied conditions Condition as to title:[sec 14(a)] There is an implied condition on the part of the seller that, in the case of a sale he has the right to sell the goods, and in the case of an agreement to sell, he will have the right to sell the goods at the time when the property is to pass. sale by description:[ sec 15] Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description.

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3. Condition as to fitness or quality: [sec 16 (1)] Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill, or judgment, and the goods are of a description which it is in the course of the seller's business to supply 4. Condition as to merchantability : [sec 16 (2)] where goods are brought by description from a seller who deals in goods of that description , there is an implied condition that the goods are of merchantable quality.

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5. Condition implied by custom; [ sec 16 (3)] An implied condition as to quality or fitness for a particular purpose may be annexed by the usage of trade [sec 16(3)] 6 . Sale by Sample : When goods are to be supplied according to a sample agreed upon, the following conditions are implied. (sec 17) The bulk shall correspond with the sample in quality. The buyer shall have a reasonable opportunity of comparing the goods with the sample The goods shall be free from any defect. 7. Condition as to wholesomeness :

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Implied warranties: In the absence of an agreement to the contrary, the following warranties are implied in every contract of sale : The buyer must get quiet possession : Since disturbance to quiet possession is likely to arise only where the vendor does not possess the right to transfer the goods, this clause may be regarded as an extension of the implied condition. The goods must be free from encumbrance : There is an implied warranty that the goods shall be free from any charge or encumbrance in favor of a third party not declared or known to the buyer before or at the time when the contract is made. Warranty as to quality or fitness by usage of trade: A warranty as to fitness for a particular purpose may be annexed to a contract of sale by a custom or usage of trade. Warranty to disclose dangerous nature of goods : A person sells a dangerous good without giving any warning to buyer then seller is liable in damages.

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