What are the implied conditions in a contract of 'Sale by sample' under the Sale of Goods Act, 1930? Also state the implied warranties operative…

CA Foundation · Business Laws · RTP · January 2025
What are the implied conditions in a contract of 'Sale by sample' under the Sale of Goods Act, 1930? Also state the implied warranties operative under the Act.

Suggested Answer and Working Notes:

(a) (i) Sale by sample [Section 17 of the Sale of Goods Act,1930]: In a contract of sale by sample, there is an implied condition that (a) the bulk shall correspond with the sample in quality; (b) the buyer shall have a reasonable opportunity of comparing the bulk with the sample, (c) the goods shall be free from any defect rendering them un - merchantable, which would not be apparent on reasonable examination of the sample. This condition is applicable only with regard to defects, which could not be discovered by an ordinary examination of the goods. If the defects are latent, then the buyer can avoid the contract. This simply means that the goods shall be free from any latent defect i.e. a hidden defect. (ii) The following are the implied warranties operative under the Act:

Topics: The Sale of Goods Act, 1930

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