Question 2 (a) part ii

Implied conditions in a contract of sale

5 marks

Time to write
About 10 minutes

From an older CBCS paper

Question

Question 2 (a) part ii · 5 marks

In a contract of sale, Explain the various implied conditions.

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

10 minfor 5 marks

Read from the question

  • ExplainEach point stated, then explained in a line or two.

What the paper leaves open

Marked as one question of 10 marks; answered here in 2 parts of 5 marks each (marks inferred).

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Implied conditions 5 marks 8 min
  3. Check: every ask answered, key terms underlined 1 min

Try it first. About 10 minutes for 5 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.

Implied conditions:

  1. Title (s. 14(a)): in a sale, the seller has a right to sell the goods; in an agreement to sell, he will have the right to sell them when the property is to pass.
  2. Description (s. 15): the goods must match the description under which they are sold.
  3. Sample (s. 17): the bulk must correspond with the sample in quality; the buyer must have a reasonable opportunity to compare the two; and the goods must be free from any defect making them unmerchantable that a reasonable examination of the sample would not have shown.
  4. Sample and description: the goods must correspond with both.
  5. Fitness for purpose (s. 16(1)): where the buyer makes known the purpose for which he wants the goods and relies on the seller's skill or judgment, and the seller deals in goods of that kind, the goods must be reasonably fit for that purpose (not where they are bought under a trade or patent name).
  6. Merchantability (s. 16(2)): where the buyer buys by description from a seller who trades in goods of that kind, the goods must be of merchantable quality; but if the buyer has examined the goods, there is no implied condition as to defects that his examination ought to have revealed.
  7. Wholesomeness: eatables and provisions must also be wholesome, fit for people to eat.
Picture itImplied conditions in a contract of sale

1The scooter was stolen goods—the police take it, and the buyer is left standing.

TitleThe seller has the right to sell the goods.

2One box of sweets, one sick family: food sold must be fit to eat.

WholesomenessEatables and provisions must be wholesome, that is, fit for human consumption.

3The sealed fan comes out broken—not fit to be sold as a fan at all.

Merchantable qualityFit to be sold in the market under that description.

Where the 5 marks sit

#ComponentMarks
1Implied conditions5
Total5
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