saleofgoodsact1930-140408131055-phpapp01

8/11/2019 saleofgoodsact1930-140408131055-phpapp01

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Sale of Goods Act, 1930Condition and Warranty


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Conditions:-a condition is a stipulated essential to the main purpose of the contract ,breach ofwhich gives rise to a right to treat the contract as repudiated .A condition in acontract of sale is the stipulation which constitutes the hardcore of the contract

and is essential to the main purpose of the contractkinds of conditions:-a.)express condition- a condition that has been expressly provided for agreed uponby both the parties at the time of the contract of sale .b.)implied conditions- conditions are said to be implied when the law incorporatestheir existence as implicit to a contract of sale unless otherwise agreed uponbetween parties .both parties shall be bound by implied conditions unless they areexcluded by an express agreement between them Implied conditions are offollowing seven types:-1.)condition as to title2.)condition as to description3.)condition as to sample4.)condition as to sample as well as description5.)condition as to quality or fitness6.)condition as to merchantability7.)condition as to wholesomeness


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Conditions Warranty Stipulations that are essential for

main purpose of contract. Non-fulfillment of such will mean loss offoundation of contract. These aretermed as Conditions.

A contract of sale cannot befulfilled unless the condition to it, isfulfilled.

In case of breach of condition, theaggrieved party can reject thecontract

Breach of condition can be treatedas breach of warranty if theaggrieved party is happy with

compensation.

Warranty is collateral to the mainpurpose of contract.

The main contract can be fulfilledeven if the warranty is notfulfilled.

In case of breach of warranty, theaggrieved party can only claim fordamages.

Breach of warranty can not betreated as breach of condition.


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Doctrine of caveat emptoris a latin expression that means caution buyer i.e let the buyer beware the buyer

alone is responsible for checking the quality and suitability of goods before apurchase is made. So, the buyer must examine goods thoroughly

Doctrine of caveat venditormeans let the seller beware.the seller shall be under an obligation to inform thebuyer of any defeat in the goods sold at the time of the contract ,except in a case

where the defeat is obviously known to the buyer .this force the seller to takeresponsibility for the product and discourages sellers from vending products ofunreasonable quality or of dangerous nature

saleofgoodsact1930-140408131055-phpapp01

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