Summary: Aspects And Conditions In A Sale By Description

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The conditions and warranties are said to be implied when it is automatically presumed by the law, the existence of some terms in a contract which have not been expressed by words. The following implied conditions are incorporated by law in a contract of sale of goods:-
1. Condition as to title:- The conditions that are implied on the part of the seller in every contract are:
• The seller has the right to sell the goods in case of sale.
• The seller has the right to sell the goods at the time when the title of the propertyis to pass in case of agreement to sale.
Example:- A bought a second hand car from B, a car dealer. After a few months the car was taken by the police as it was a stolen one and A had to return the car to the true owner.
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Conditions in a sale by description:- Goods are sometimes sold by description. The implied condition in such cases is that the goods will correspond to the description. ‘correspond with the description’ means that the goods purchased by the buyer must be the same as described by the seller. Description may be in terms of qualities or characteristics of goods. The buyer may reject the goods and claim refund for the price paid if it is found that the goods do not correspond to the description. Example:- A purchased a car from B which he had never seen believing that it is six months old. However on delivery, A found that the car was extremely old and was only repainted. In this case A can reject the car as it does not match the description.
3. Condition in sale by sample:- The implied conditions when the goods are to be supplied according to sample agreed upon in a contract of sale
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Example:- A contracted with B for the supply of 15 barrels of brandy. A provided B with the sample of the same brandy. The brandy contained some amount of colour dye which was not known to B even after reasonable inspection. Later, when B came to know about the dye, he wanted to repudiate the contract and would be allowed to do so as the sample contained latent defect which even a reasonable examination cannot reveal.
4. Condition as to fitness or quality:- There is no implied condition regarding the qualityor fitness of the goods supplied under a contract of sale.this assurance is specifically disclaimed by the seller in most of the agreements. This is expressed by the principle of “caveat emptor”(let the buyer beware). The buyer has the right to satisfy himself about the quality of goods. If the following conditions are satisfied, then an implied condition is deemed to exist on the part of the seller that the goods supplied will be reasonably fit for the purpose for which the buyer wants them:
• The buyer must have disclosed to the seller the particular purpose for which goods are required
• The buyer should rely on the seller’s skill or judgement.
• The seller’s business must be to sell those

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