With reference to a contract of sale of goods, explain the implied conditions on the part of the seller.

      

With reference to a contract of sale of goods, explain the implied conditions on the part
of the seller.

  

Answers


Maurice
(i) 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.

(ii) Sale by description: under sec 15 of the Act, in a sale by description there an
implied condition that the goods shall correspond the description and if by description and
the sample the bulk shall correspond with the sample and description.

(iii) 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 seller's
skill and judgement, there is an implied condition that the good shall be reasonably fit for
that purpose.

(iv) Merchantable quality; under sec 16 (b) of the Act, if goods are bought by description
from a person who deals in such goods, there is an implied condition that the goods shall be
of merchantable quality.

(v) Sale by sample; Under section 17 of the Act, in a sale by sample there is an
implied condition that:
(a) The bulk shall correspond to the sample in quality.

(b) The buyer shall be afforded a reasonable opportunity to compare the bulk and the
sample.

(c) The goods shall be free from any defect rendering them unmerchantable.

(v) Trade Usage or custom: under section 16 (c) of the Act, a condition may be implied
by trade usage or custom.
maurice.mutuku answered the question on April 26, 2018 at 08:05


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