Condition In Sale Essay

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A contract of sale of goods is that which contains various term or stipulation about the quality of goods, price and mode of its payment, delivery of goods and its time and place. This is also know as the condition of the contract. It can be also defined as a promise or statement of fact, which is an essential term of the contract. Condition can be defined as : “ A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as a repudiated.” For example : Ramesh is a tour manager. He asks a car dealer to suggest a car which is suitable for touring purpose. The dealer suggest a particular car, and Ramesh purchase it from him. Later, however, Ramesh finds the car …show more content…

Condition in sale by description : In the sale of goods act, where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. The sale of description shall include the following condition : a. Where the buyer has not seen the goods and buys it, on relying the seller by the description given by the seller. b. Where the buyer has seen the goods but he relies not on what he has seen but what was stated to him and the deviation of the goods from the description is not apparent. c. Packing of the goods may sometimes be the part of description. Where the goods do not conform the method of packing described by the buyer or the seller in the contract, the buyer can reject the goods also. Example : A bought a machine from B who claimed it to be only six month old. However, after using it, A finds it out that the machine is extremely old. Thus A has the right to reject the machine as the description of the machine which does not match that one provided by the …show more content…

• The buyer relies on the seller's skill or judgment. • The goods are of a description which the sellers ordinarily supplies in the course of the business. • The goods supplied are not reasonably fit for the buyer's purpose. Example : If the person has purchase the hot water bottle from a shopkeeper. However the bottle breaks when you pour the hot water into it. In this case, the shopkeeper is liable to refund the price of the bottle purchase because the bottle was unfit for the purpose for which it was purchased. 4. Condition in a sale by sample : A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied to that effect. Usually, a sale by sample is implied when the sample is shown and the parties intend that the goods should be of the kind and quality as the sample. The implied condition are : • Have reasonable opportunity of comparing the bulk with the sample. • Goods shall be free from any defect. • Shall correspond with the sample in

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