Question 3 OR (b)

Implied conditions in a contract of sale

6 marks

Time to write
About 12 minutes
Topic
Conditions, warranties and caveat emptor

Question

Question 3 OR (b) · 6 marks

Which conditions are implied in a contract of sale?

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

12 minfor 6 marks

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Meaning of implied conditions 1 mark 1 min
  3. 2 Title, description, sample 2½ marks 5 min
  4. 3 Fitness, merchantability, wholesomeness 2½ marks 4 min
  5. Check: every ask answered, key terms underlined 1 min

Easy marks

  • Meaning of implied conditions (step 1, 1 mark): a definition in one or two lines. It opens the answer, so it takes a minute or two.

Short on time? Keep step 1 short. Trim steps 2 and 3 evenly rather than skip one: each is capped at its own marks.

Try it first. About 12 minutes for 6 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 are conditions the law presumes to be present in a contract of sale of goods unless the circumstances point to a different intention; an implied condition may be negated or waived by express agreement. They are:

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.

  1. Condition as to title (s. 14(a)): the seller has a right to sell the goods (or, in an agreement to sell, will have it when the property is to pass). If he has no title, the buyer can reject the goods and recover the price.
  2. Sale by description (s. 15): the goods shall correspond with the description; "a buyer who contracted for peas cannot be made to accept beans".
  3. Sale by sample (s. 17): the bulk shall correspond with the sample in quality; the buyer must have a reasonable chance to compare the bulk with the sample; and the goods shall be free from any defect rendering them unmerchantable that would not be apparent on reasonable examination of the sample.
  4. Sale by sample as well as description (s. 15): the goods shall correspond with both.
  5. Condition as to quality or fitness (s. 16(1)): where the buyer makes known the particular purpose and relies on the seller's skill or judgment, and the seller's business is to supply such goods, the goods shall be reasonably fit for that purpose.
  6. Condition as to merchantability (s. 16(2)): goods bought by description from a seller who deals in such goods shall be of merchantable quality.
  7. Condition as to wholesomeness: eatables and provisions shall be fit for human consumption.

Where the 6 marks sit

#ComponentMarks
1Meaning of implied conditions1
2Title, description, sample2.5
3Fitness, merchantability, wholesomeness2.5
Total6
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