Question 3 OR (a)

Goods; breach of condition treated as warranty; timber not of the thickness ordered

9 marks

Time to write
About 18 minutes

From an older CBCS paper

Question

Question 3 OR (a) · 9 marks

  1. Under the Sale of Goods Act, 1930, Define the term ‘Goods’.

  2. When is a breach of condition treated as a breach of warranty ?

  3. A agreed to supply B a certain quantity of timber of half-inch thickness. The thickness of the timber actually supplied varies from one-third inch to five-eighth inch. For the purpose for which it was ordered, the timber is merchantable and commercially fit. B rejects the timber. Is his action justified ?

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

18 minfor 9 marks

Read from the question

  • Is his action…?A case problem: state the rule and its section, apply it to these facts, then answer in one line (yes or no, and why).
  • (i)–(iii)3 items, each marked on its own: give each its share.

Write it in this order

The parts stand alone: start with the one you are surest of.

  1. Read the facts; underline who did what, and the exact question 1 min
  2. 1 (i) Goods 3 marks 5 min
  3. 2 (ii) Section 13 3 marks 5 min
  4. 3 (iii) Sale by description 3 marks 5 min
  5. Check: section named, answer stated in one line 2 min

Short on time? A few lines on every part beat a full answer to one: each part is capped at its own marks.

Try it first. About 18 minutes for 9 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

(i) Goods (s. 2(7), Sale of Goods Act, 1930) covers all movable property except actionable claims and money; stock and shares, growing crops and grass are goods, and so are things attached to the land or forming part of it that the parties agree to sever before the sale or under the contract of sale.

(ii) Condition treated as warranty (s. 13). The buyer loses his right to reject and can claim damages only in four cases: where he waives the condition; where he elects to treat the breach of condition as a breach of warranty; where the contract is not severable and he has accepted the goods or part of them; and where the fulfilment of a condition or warranty is excused by law, by reason of impossibility or otherwise (s. 13(3)).

(iii) The timber. In a sale by description, the law implies a condition that the goods will match the description (s. 15). The timber was ordered as half-inch thick; what was supplied varied from one-third inch to five-eighth inch, so it did not correspond with the description. Its being merchantable and commercially fit for the purpose does not cure the breach of the condition as to description. B's rejection of the timber is justified.

Where the 9 marks sit

#ComponentMarks
1(i) Goods3
2(ii) Section 133
3(iii) Sale by description3
Total9
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