What are the conditions and warranties under Sale of Goods Act 1930?
The Sale of Goods Act enumerates an implied Warranty that the buyer shall have complete possession of the goods sold to him and shall enjoy quite possession of the such goods. In case of any kind of disturbance, the buyer can sue the seller for the breach of Warranty and can claim damages arising out of such breach.
What are the conditions and warranties of sale?
The condition is a fundamental precondition on the basis of which the whole contract is based upon, on the other hand, warranty is the written guarantee wherein the seller commits to repair or replace the product in case of any fault in the product.
What is the difference between a condition and a warranty under Sale of Goods Act 1930?
A condition is an obligation which requires being fulfilled before another proposition takes place. A warranty is a surety given by the seller regarding the state of the product. The term condition is defined in section 12 (2) of the Indian Sale of Goods, Act 1930 whereas warranty is defined in section 12 (3).
What are the provisions of Sale of Goods Act 1930?
It provides for the setting up of contracts where the seller transfers or agrees to transfer the title (ownership) in the goods to the buyer for consideration. It is applicable all over India. Under the act, goods sold from owner to buyer must be sold for a certain price and at a given period of time.
What are the 3 types of implied warranties?
Under the implied category are three major subtypes: the implied warranty of merchantability (only given by merchants), the implied warranty of fitness for a particular purpose, and the implied warranty of title.
What are conditions and warranties examples?
Solved Examples on Concept of Condition and Warranty
| Difference Basis | Warranty |
|---|---|
| Exemption from performance in case of a breach of the stipulation. | In this case, the aggrieved party can’t rescind the contract but can claim damages only. |
| Treatment | Breach of warranty can’t be treated as a breach of condition. |
What is condition and warranty with example?
What are conditions & warranties?
Conditions are the set stipulations of the contract, whereas warranties are considered to be an additional set of rules. They both might have time requirements, but the time limits set on the conditions of the contract are legally enforceable.
What are the condition for sale of goods?
—Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the …
What are the salient features of Sale of Goods Act 1930?
The Sale Of Goods Act 1930
- Express and Implied Warranties.
- Express and Implied Conditions.
- Concept of Condition and Warranty.
- Ascertainment of Price.
- Rights of Unpaid Seller Against Goods.
- Performance of Contract of Sale.
- Transfer of Title.
- Passing of Risk.
What are two types of warranty?
Types of Warranties. There are two general types of warranties, expressed and implied.
What are some examples of warranties?
There are many examples of warranties depending on the type of product a consumer is buying. Some examples may include replacing a product such as a mobile phone if it does not the way it is advertised. A consumer may also receive free repair services where a product has been damaged during use.
What is an example of condition?
The definition of condition is the state something or someone is in or can also refer to a specific illness. An example of condition is a brand new sofa with no defects. An example of a condition is a harsh work environment. An example of a condition is a cold or the flu.
What are the three types of conditions allowed in a contract?
The types of conditions in a contract can vary, but common ones include: Conditions precedent. Conditions concurrent. Conditions subsequent.
What are the types of implied condition?
Implied Conditions
- Condition As To Title.
- Condition As To Description.
- Sale By Sample.
- Sale By Sample As Well As By Description.
- Condition As To Quality Or Fitness.
- Condition As To Merchantability.
- Conditions As To Wholesomeness.
What are the main features of sale of goods?
Six essential characteristics of a contract of sale of goods
- Two parties:
- Transfer of property:
- Goods:
- ‘Money’ means current money:
- Price:
- Includes both a ‘sale’ and ‘an agreement to sell:
- An agreement to sell:
- Illustrations:
What are 3 types of warranty?
What are conditions and warranties?
What are the 3 types of warranties?
What makes a warranty valid?
A warranty is a guarantee issued by a seller to a buyer that a product will meet certain specifications. If the product does not meet those specifications, the buyer can ask the manufacturer or seller to correct the problem. Certain exceptions apply, and not every defect is covered.
What are the 3 kinds of condition?
There are three different forms of conditions. These are: Conditions precedent. Conditions concurrent, and.
What are the 4 types of conditionals?
There are four main kinds of conditionals:
- The Zero Conditional: (if + present simple, present simple)
- The First Conditional: (if + present simple, will + infinitive)
- The Second Conditional: (if + past simple, would + infinitive)
- The Third Conditional. (if + past perfect, would + have + past participle)
What are the 5 conditions of a contract?
There are 5 conditions to fulfil before you can say that your contract can be legally entered into.
- There must be an offer. There must be an offer and an acceptance.
- There must be consideration. This means that something has to be exchanged.
- There must be legal capacity.
- There must be legal purpose.
- There must be intention.
What are the 4 conditions of a contract?
For a contract to be valid, it must have four key elements: agreement, capacity, consideration, and intention.
What is implied condition with example?
For example, if you purchase a stolen car, the seller did not have the right to sell you the good. Therefore, they have breached the first condition implied into contracts of sale. The presence of that implied condition gives the consumer the right to seek a remedy from the seller.