Wednesday, September 9, 2009

Implied conditions and warrenties.

Implied conditions and warrenties:

1.conditions as to quality or fitness:

Normally in a contract of sale there is no implied conditions as to quality or fitness of the goods for a particular purpose.the buyer must examine the goods throghly before he buys them in order to satisfy himself that the goods pupose.

Condition as to merchantability:

Where goods are bought by description from the seller who deals in goods of that description there is an implied condition that the goods are to be merchantile quality.

Condition implied by custom:

An implied condition as to quality or fitness for a particular purpose may be annexed by the usage of trade.

Sale by sample:

A contract of sale is a contract for sale by sample where there is a trem in a contract, express or implied, to that effect condition-

Condition as to wholesomeness:

In the case of eatables and provisions, in addition to the implied condition as to merchantability, there is another implied condition that the goods shall be wholesome.

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