Mr. Mukesh was running a shop selling good quality washing machines. Mr. Vivaan came to his shop and asked for washing machine which is suitable for…

According to Section 15 of the Sale of Goods Act, 1930, whenever the goods are sold as per sample as well as by description, the implied condition is that the goods must correspond to both sample as well as description. In case the goods do not correspond to a sample or description, the buyer has the right to repudiate the contract. Further under Sale of Goods Act, 1930, when the buyer makes known to the seller, the particular purpose for which the goods are required and he relies on his judgment and skill of the seller, it is the duty of the seller to supply such goods which are fit for that purpose. In the given case, Mr. Vivaan informed Mr. Mukesh that he wanted the washing machine for washing woollen clothes. However, the machine which was delivered by Mr. Mukesh was unfit for the purpose for which Mr. Vivaan wanted the machine. Based on the above provision and facts of case, there is breach of implied condition as to sample as well as description, therefore Mr. Vivaan can either repudiate the contract or claim the refund of the price paid by him or he may require Mr. Mukesh to replace the washing machine with desired one.