Scribd
Upload
46 views

What Are Implied Condition?: - Fundamental Condition. - Enforced by Courts. - May Not Be Mentioned in The Contract

There are several types of implied conditions in a contract: 1. Fundamental conditions that are enforced by courts even if not mentioned, such as the seller having the right to sell goods. 2. Implied conditions include goods corresponding to any description, being of satisfactory quality, and being fit for the buyer's purpose. 3. For food items, there is an implied condition that goods are wholesome. 4. The purpose of goods can be implied based on their nature or description. 5. For sales by sample, goods must correspond to both the description and sample.

Uploaded by

Aman Singh
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
46 views

What Are Implied Condition?: - Fundamental Condition. - Enforced by Courts. - May Not Be Mentioned in The Contract

There are several types of implied conditions in a contract: 1. Fundamental conditions that are enforced by courts even if not mentioned, such as the seller having the right to sell goods. 2. Implied conditions include goods corresponding to any description, being of satisfactory quality, and being fit for the buyer's purpose. 3. For food items, there is an implied condition that goods are wholesome. 4. The purpose of goods can be implied based on their nature or description. 5. For sales by sample, goods must correspond to both the description and sample.

Uploaded by

Aman Singh
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 5

What are Implied Condition?

• Fundamental Condition.
• Enforced by courts.
• May not be mentioned in the contract.

• Aman
Implied conditions
A term or obligation implied by law in a contract, any
breach of which will entitle the innocent party not only
to damages but to treat the contract as discharged. In a
contract of sale of goods there are implied conditions
that the seller has the right to sell the goods, that the
goods will correspond with the contract description, and,
in the case of sales in the course of business, that the
goods are of satisfactory quality and fit for the buyer's
declared purpose.
Implied conditions
1. Condition as to title [sec.14(a)] - in the contract of sale, where
the circumstances of the contract are such as to show a different
intention, there is an implied condition on the part of a seller that -
 In case of a sale , he has right to sell the good.
 In case of an agreement to sell, he will have a right to sell the goods at
the time when property is to pass.
 If the goods delivered can only be sold by infringing a trademark, the
seller has broken the condition that he had right to sell the goods.
2. Sale by description (sec.15)- goods shall correspond with the
description.
 The buyer has not seen the goods and relies on description given by
seller, e.g., old machine sold as new machine the buyer who hasn’t
seen it can return when he gets the machine.
 Where the buyer has seen the goods but he relies not on what he has
seen, but what was stated to him and the deviation of the goods from
the description is not apparent, e.g., napkin set described as of 7 th
century could be rejected because it was found to be of 17th century
only.
3. Condition as to wholesomeness – in case of
eatables and provisions, in addition to implied
condition as to merchantability, there is another
implied condition that the goods should be
wholesome. e.g., F bought milk from A. The milk
contained germs of typhoid fever. F’s wife had milk
and got infected, result of which she died.
Held, F could recover for the damages.

4. Condition as to quality or fitness [sec16(1)]In -


some cases the purpose for which the goods are
required may be ascertained by the nature of
description of those goods, e.g., Priest V/S Last
5. Sale by sample (sec.17)
 Correspondence With Sample – it is not sufficient that
the goods correspond with the description, they
should also corresponds with the sample.
 Buyers Opportunity – the buyer must examine the
products thoroughly, so that he is satisfied that goods
will be suitable for the purpose of which he is buying.
- buyer clearly mentions the purpose of the purchase of
goods to the seller and relies on skill and judgment of the
seller for the fitness of the goods for that purpose.
- seller must be told the purpose for which buyer is buying
the goods.

6. Condition as to merchantability [sec.16(2)] –


goods should be such as are commercially saleable
under the description by which they are known in the
market at their full value.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy