In a contract for the sale of goods, there is no implied condition or warranty to the quality of goods or ..... Comment.

Question: In a contract for the sale of goods, there is no implied condition or warranty to the quality of goods or their fitness for any particular purpose. Comment.

Find the answer to the Law of Sale of Goods only on Legal Bites. [In a contract for the sale of goods, there is no implied condition or warranty to the quality of goods or their fitness for any particular purpose. Comment.]

Answer

When the buyer or purchaser makes known to the seller the specific purpose for which the goods are being bought, then implied conditions come into the picture that the goods that the seller will supply will be reasonably for that specific purpose.

Implied conditions and warranties are those which are implied by law or custom; these shall prevail in a contract of sale unless the parties agree to the contrary. Implied conditions are those which are implied by custom or law and these conditions will prevail in a contract of sale unless and until parties agree to the contrary.

Section 16 of the Sale of Goods Act 1930 incorporates the principle of caveat emptor which reads as:

“Subject to the provisions of this act or any other law for the time being in force there is no implied condition or warranty as to quality or fitness for any particular purpose of goods supplied.”

In a contract for the sale of goods, the general rule laid down under Section 16 of the Sale of Goods Act, 1930 is that there is no implied warranty or condition as to the quality or fitness for a particular purpose of the goods supplied. However, there are significant exceptions to this general principle and to Caveat emptor Maxim which means let the buyer beware is mentioned in the section, which effectively outlines when such implied conditions or warranties will apply.

Section 16 of the Sale of Goods Act, 1930 basically talks about the implied conditions that are there regarding the quality or fitness of the goods. Certain exceptions are discussed in this section.

Section 16 reads as follows:

Implied conditions as to quality or fitness.— Subject to the provisions of this Act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows:—

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 (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be reasonably fit for such purpose: Provided that, in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose.

2. Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality: Provided that, if the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to have revealed.

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

4. An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith.