Implied conditions on the part of the seller with reference to contract of sale of goods

Right to sell: under sec 14 (a) of the Act, it is implied that the seller shall have the right to sell the goods when property is to pass.
Sale description: under sec 15 of the Act, in a sale description there an implied condition that the goods shall correspond the description and if description and the sample the bulk shall correspond with the sample and description
Fitness for purpose: Under section 16 of the Act, if the buyer makes known to the seller the particular purpose for which the goods are required so that he relies on the sellers skill and judgement, there is an implied condition that the good shall be reasonably fit for that purpose.
Merchantable quality; under sec 16 (b) of the Act, if goods are bought description from a person who deals in such goods, there is an implied condition that the goods shall be of merchantable quality.
Sale sample; Under section 17 of the Act, in a sale sample there is an implied condition that:
– The bulk shall correspond to the sample in quality
– The buyer shall be afforded a reasonable opportunity to compare the bulk and the sample.
– The goods shall be free from any defect rendering them unmerchantable.
Trade Usage or custom: under section 16 (c) of the Act, a condition may be implied trade usage or custom.

 

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