01. Sale of Goods Act.docx

04 sale of goods by description the seller must

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04 Sale of goods by DESCRIPTION The seller must provide the goods ordered with a specific description by the buyer. He should not supply some other goods, even though they are superior to those ordered by the buyer. 05 Sale of goods by SAMPLE When a contract of sale is made by showing a sample, the following conditions are implied. 1. The supply made shall correspond to the sample, in quality. 2. The buyer shall have a reasonable opportunity for a comparing the bulk supplied with the sample. 3. The goods are merchantable.. 06 Sale of goods by DESCRIPTION and SAMPLE In a sale by description and sample, the goods supplied to the buyer, shall correspond with the sample and as well as description. (B) IMPLIED WARRANTIES No IMPLIED WARRNTIES EXPLANATION 01 QUIET POSSESSION The buyer shall have the possession and enjoyment of the goods sold to him, without any disturbance by the seller or any other person 02 FREEDOM FROM ENCUMBRANCES The goods sold are free from any encumbrances other than those, if any, mentioned in the sale agreement. 03 DISCLOSURE OF CONDITIONS & WARRANTIES The seller would warn the buyer, about the latent qualities of the hazardous goods sole by him, when he is aware that the buyer is ignorant of such fact. 04 CUSTOM AND USAGE OF TRADE As per the custom and usage of trade, the seller shall to annex the contract of sale , a warranty as to the fitness of an item for a particular purpose. IV. CAVEAT EMPTOR: (LET BUYER BE WARE) The maxim “Caveat Emptor”, means that “let Buyer beware.”. As per the Roman law, it is not the duty of the seller to sell goods to the buyer for a specific purpose, unless such purpose is made known to the seller. It is there fore the duty of the buyer to satisfy himself about the quality of the goods and their fitness for a particular purpose. Sec.16 of Sale of Goods Act, 1930, states that, “Subject to the provisions of the Act or any other law for the time being in force, there is no implied warranty or condition, as to the quality or fitness for any particular purpose of goods supplied under a contract of sale.” EXCEPTIONS TO THE RULE : “Caveat Emptor”, does not apply in the following cases. 1) Conditions as to the quality or fitness of goods. 2) Conditions as to the merchantability of goods. 3) Implied warranties by customs, usage of trade. 4) Fraudulent Sale.
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RIGHTS OF AN UNPAID SELLER. A seller of goods will be deemed as unpaid, when 1) The whole of the price has not been paid or tendered.
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  • Summer '18
  • .
  • Law

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