Question 3 (a)

Implied conditions in a sale by sample; implied condition as to fitness

6 marks

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

Question

Question 3 (a) · 6 marks

In a sale by sample, what implied conditions are there? In a contract of sale, is there any implied condition as to the fitness of goods?

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

Read from the question

  • What…?Is…?2 asks, each with its own marks below. Answer both.

What the paper leaves open

Only a combined mark of 18 is printed for parts (a) to (c); each part is reckoned here at 6 marks (inferred).

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Implied conditions in a sale by sample 3 marks 5 min
  3. 2 Implied condition as to fitness, with its requirements 3 marks 5 min
  4. Check: every ask answered, key terms underlined 1 min

Short on time? Trim steps 1 and 2 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.

Sale by sample (s. 17). In a contract of sale by sample there are implied conditions that:

Picture itImplied conditions in a sale by sample; implied condition as to fitness

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. the bulk shall correspond with the sample in quality;
  2. the buyer must have a reasonable chance to compare the bulk with the sample: where the seller let the buyer inspect only the smaller of two parcels of wheat sold by sample, the buyer was entitled to refuse both; and
  3. the goods shall be free from any defect rendering them unmerchantable that would not be apparent on a reasonable examination of the sample.

Fitness for purpose (s. 16(1)). As a rule, no condition is implied about the quality or fitness of goods for any particular purpose. A condition that the goods are reasonably fit for a particular purpose is implied, however, where the buyer has made known to the seller the purpose of his purchase, relies on the seller's skill and judgment, and the seller ordinarily deals in such goods; it does not apply where the goods are sold under a trade mark or patent name.

Conclusion. A sale by sample carries the three conditions above; a condition as to fitness is implied only when the three requirements of section 16(1) are met.

Where the 6 marks sit

#ComponentMarks
1Implied conditions in a sale by sample3
2Implied condition as to fitness, with its requirements3
Total6
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