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
a time or event when performance must be made, terms and conditions for performance, 5. performance, if the contract is (unilateral).” (Contract Law & Legal Definition 2016) http://definitions.uslegal.com/c/contract-law/
Preconscious need level- the buyers are not fully aware of needs. They generally know what type of product they may need, but choose not to discuss it fully.
One such difference lies in the acceptance of an offer. Under the common law of contracts, an acceptance must objectively manifest intent to contract. Under the UCC, a contract for the sale of goods may be formed in any manner sufficient to show agreement, including conduct by both parties that recognizes the existence of a contract, even without an explicit expression of
If the product was not the same as the sample product, the contract is breach. Therefore, they buyer is able to reject contract and ask for compensation for breach of contract. Seller have the responsibility to make sure that they product they sell or customers is free from defects for it to be reasonable examination.
There are no statutory guarantees available at traditional auction using auctioneer if the goods purchased do not fit for the purpose, do not correspond with the description and do not have an acceptable quality. (ACL s 2)
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
In the case where the customer a wants to purchase a certain shoe but the shoe store does not have her/her size, and the salesperson tries to trick the customer into purchasing a larger shoe, the sales associate lying and deception is morally un...
The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person or a group of persons, or to the world at large.
A contract is an agreement which has its specified terms and conditions between two or more parties in which there is a promise to do something in return for a benefit.
Take an example, when we buy groceries in the wet market. As a buyer, we want things that are cheap along the quality. The seller wants to get...
Misrepresentation – giving a false statement to the other party with the intentions to benefit or to exploit the other party than the law can end the contract in that case.
The option of condition is an option whereby both or one parties has the choice either to accept or cancel the contract within a specific period of time. According to the majority of Muslim fuqaha’ and general principle khiyar al-Syart is valid because it reinforces the essential purpose of certainty of contractual commitment. An example of this is when a buyer says to the seller “I bought these goods from you on condition that I have the choice for one day, or three days.” It is includes sale and condition in this contract. Permissibility of khiyar al-Syart is based on the hadith of the Prophet (PBUH):
'subject to this Act, when goods are sold by a person who is not their
A valid contract is an agreement including promises made between two or more parties with an intention of certain legal rights and legal responsibility that are enforceable. For there to be a contract – that must contain four essential elements- offer, acceptance, intention to create legal relations and consideration.
There can be many things that might factor into the want to buy something. There are many steps that a customer takes before actually buying a product.