SALE OF GOODS ACT | LEGAL ASPECTS OF BUSINESS | NTA UGC NET COMMERCE 2020 OCT QUESTION SOLVED

Which of the following is not an implied condition in a contract of sale?

• Condition as to quality or fitness
• Condition as to the merchantable quality
• Condition as wholesomeness
• Condition as to free from encumbrances

Ans: (d)

Condition is an essential requirement of the contract on which the whole contract depends and its breach of the condition gives the aggrieved party a right to sue for damages as well as the right to repudiate the contract. Implied conditions are those which are implied by law or custom; these shall prevail in a contract of sale unless the parties agree to the contrary.

Implied Conditions (Sec 14 -17)

1. Condition as to title
2. Sale by description
3. The sale by Sample
4. Condition as to quality or fitness
5. Condition as to Merchantability
6. Conditions as to wholesomeness