Conditions And Warranties Quiz Questions And Answers

In the case of sale by sample as well as description, there is an implied condition that the goods shall correspond with both the sample and the description. This means that the goods should match both the physical sample provided and the written description given. This ensures that the buyer receives the exact goods they were expecting based on both the visual representation and the written details.

The statement is true because when goods are purchased for self-use, they should be reasonably fit for the purpose for which they are generally used. This means that the goods should meet the basic expectations of quality, performance, and durability that a consumer would have when purchasing such goods. The concept of merchantability ensures that consumers are protected from purchasing goods that are defective or unsuitable for their intended use.

A condition is a stipulation that is essential to the main purpose of a contract. If a condition is proven to be false, the buyer has the right to terminate the contract. This means that the buyer can cancel the agreement and potentially seek damages or other remedies. Conditions are crucial elements of a contract and their fulfillment is necessary for the contract to be valid and enforceable.

In case of breach of condition, the buyer can reject the goods. This means that if the seller fails to meet the agreed-upon conditions, the buyer has the right to refuse the goods and seek alternative options. This allows the buyer to protect their interests and seek a remedy for the breach of condition.

The Sale of Goods Act, 1930 covers both express and implied conditions and warranties. Express conditions and warranties are those that are explicitly stated by the seller, while implied conditions and warranties are those that are automatically included in a sale, even if not explicitly mentioned. Therefore, both types of conditions and warranties are covered by the Sale of Goods Act, 1930.

The doctrine of caveat emptor is incorporated in Section 16 of the Sale of Goods Act, 1930. This section states that in a contract of sale, there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied, unless there is an agreement to the contrary. This means that the buyer must be cautious and responsible for examining the goods before purchasing them, as the seller is not obligated to disclose any defects or issues with the goods.

The correct answer is "Let the buyer beware." This phrase is associated with the doctrine of caveat emptor, which means that it is the buyer's responsibility to be cautious and aware when making a purchase. This doctrine places the burden on the buyer to thoroughly examine and assess the quality and suitability of a product or service before buying it, as the seller is not obligated to disclose any defects or issues. Therefore, the buyer should be cautious and aware of potential risks or problems before making a purchase.

A condition is a stipulation that is crucial to the main purpose of a contract. If it is proven to be false, the buyer has the legal right to terminate the contract. This means that the fulfillment of the condition is essential for the contract to be valid and enforceable. In contrast, a warranty is a promise made by the seller regarding the quality or performance of a product or service. A guarantee is a similar promise, but it is typically made by a third party. Therefore, the correct answer in this case is "Condition."

The correct answer is "The law presumes to have been incorporated in every contract of sale." This means that the law assumes that certain conditions are automatically included in every contract of sale, even if they are not explicitly stated. These implied conditions are considered to be a standard part of any sale agreement and are legally binding.

Section 16 incorporates the doctrine of caveat emptor. Caveat emptor is a Latin term that means "let the buyer beware." This doctrine places the responsibility on the buyer to thoroughly inspect and assess the quality and condition of a product or service before making a purchase. Section 16 likely contains provisions that outline the buyer's duty to examine goods and services and disclaim any warranties or guarantees by the seller. This section emphasizes the importance of the buyer's due diligence and protects the seller from liability for any defects or deficiencies that were discoverable through reasonable inspection.

The correct answer is "Right to sell the goods." When it is implied that the seller has the title to the goods, it means that they have the legal right to transfer ownership of the goods to the buyer. This implies that the seller has the authority to sell the goods without any legal restrictions or claims from third parties.

A warranty is a stipulation that is collateral to the main purpose of the contract. If the warranty is proven false, the buyer has the right to claim damages. Unlike a condition, which is a crucial part of the contract and if breached, allows the buyer to terminate the contract, a warranty only gives the buyer the right to claim damages. Therefore, the correct answer is warranty.

In every sale, it is implied that the seller has the right to sell the goods. This means that the seller possesses the legal authority and ownership of the goods being sold. Without this right, the seller would not be able to carry out the transaction and transfer ownership of the goods to the buyer. Therefore, the seller's ability to sell the goods is a fundamental condition in any sale agreement.

Express terms shall prevail in case of conflict between express warranties and implied warranties.

The statement is true because according to the implied condition, the goods should be fit for the buyer's specific purpose only if the buyer communicates their purpose to the seller and relies on the seller's skill and judgment. This requirement is mandated by the law to ensure that buyers are provided with goods that meet their intended needs and that sellers are held responsible for providing suitable products. Therefore, it is correct to say that this is a requirement of the law.

The correct answer is "Essential to the main purpose of contract of sale." This means that a condition is necessary and crucial for the contract of sale to be valid and enforceable. Without this condition, the contract would not serve its intended purpose and may be considered invalid.

Based on the information given, A specifically told B that he wanted to purchase a car suitable for touring purposes. B, as a car dealer, suggested a Bugatti car for this purpose. However, it turned out that the Bugatti car was unfit for touring purposes. Therefore, A can reject the car and demand a refund of the price paid since B's suggestion did not meet A's stated requirement.

The correct answer is "The law presumes to have been incorporated in the contract of sale." This means that an implied condition is one that is assumed to be a part of the contract of sale by default, even if it is not expressly mentioned. The law assumes that certain conditions are included in every contract of sale unless stated otherwise.

The correct answer is "Goods shall be free form any charge on the goods in favour of any third person." This answer aligns with the concept of implied warranty as to free from encumbrance, which means that the goods should not have any charges or claims placed on them by any third party. This ensures that the buyer receives clear and unencumbered ownership of the goods without any potential legal issues or liabilities arising from third-party claims.

In every contract of sale, there is an implied condition that the seller has the right to sell the goods. This means that it is understood and expected that the seller has the legal authority to transfer ownership of the goods being sold. This condition is automatically included in the contract, even if it is not explicitly stated. It provides protection to the buyer, ensuring that they are purchasing goods from a seller who has the legal right to sell them.

Express terms refer to the conditions that have been explicitly stated and agreed upon by the parties involved in a contract. These terms are usually documented in writing or verbally communicated. In the event of a conflict between the express conditions and the implied conditions, the express terms will prevail. This means that the explicitly stated conditions will take precedence over any implied conditions that may exist.

A warranty is a stipulation that is collateral to the main purpose of a contract and violation of which gives the buyer a right to claim damages. This means that a warranty is a guarantee or promise made by the seller to the buyer regarding the quality, performance, or condition of a product or service. If the warranty is breached or not fulfilled, the buyer has the right to seek compensation for any damages incurred.

A warranty is a stipulation that is collateral to the main purpose of a contract of sale. This means that it is not essential to the main purpose of the contract, but rather an additional guarantee or promise made by the seller to the buyer. It provides assurance to the buyer that certain conditions or qualities of the product being sold will be met. However, the warranty is not necessary for the contract to be valid and enforceable.

In every contract of sale, there is an implied warranty that the buyer shall have quiet possession of goods and that the goods shall be free from any charge or encumbrance. This means that the buyer has the right to possess the goods without any interference or disturbance, and the goods should not have any legal claims or burdens attached to them. Both of these conditions are automatically included in a contract of sale, regardless of whether they are explicitly mentioned or not.

According to the implied warranty as to quiet possession, the buyer is presumed to have both peaceful possession of the goods and the right to use the goods as an owner. This means that the buyer not only has the right to possess the goods without any interference or disturbance but also has the right to use the goods as if they were the owner. Therefore, the correct answer is "Both of these."

In the case of sale by sample, there is an implied condition that the goods shall correspond with the sample provided. This means that the goods should be similar in quality, appearance, and characteristics to the sample shown to the buyer. Additionally, there is also an implied condition that the goods should be free from any latent defects. This means that the goods should not have any hidden or concealed defects that may affect their quality or performance. Therefore, the correct answer is both (a) and (b), as both conditions apply in the case of sale by sample.

In the case of a sale by description, there is an implied condition that the goods shall correspond with the description provided. This means that the goods should match the details and specifications given in the description. Additionally, there is also an implied condition that the goods should be of merchantable quality, which means that they should be fit for their intended purpose and of a reasonable quality. Therefore, the correct answer is both (a) and (b), as both conditions are applicable in a sale by description.

The liability for implied conditions and warranties can be excluded by any of the mentioned options: an express agreement between the parties, the course of dealings between the parties, or the customs or usages of a particular trade. This means that if the parties have explicitly agreed to exclude certain conditions or warranties, or if their previous dealings or the customary practices in their trade indicate that certain conditions or warranties are not applicable, then the liability for those implied conditions and warranties can be excluded.

The correct answer is "Buyer makes his purpose clear and relies upon seller's skill and judgement." This answer is supported by the fact that the buyer has made their purpose clear to the seller and is relying on the seller's skill and judgement to provide goods that are fit for their purpose. The other options, such as the seller being the sole distributor or the buyer being uneducated and from a rural background, are not mentioned in the given information and therefore cannot be considered as the correct answer.

The correct answer is False. This is because Section 16(3) of the Sale of Goods Act specifically provides that an implied condition as to the fitness of goods for the buyer's purposes can be attached by a custom or usage of trade. This means that customs or usages of trade can indeed affect the implied condition regarding the fitness of goods for the buyer's purposes.

In this scenario, the correct answer is "Tile". The implied condition being breached is the title of the car. A sold a stolen car to B, which means A did not have the legal title to sell the car. As a result, when the police recovered the car, B was forced to return it to the true owner because B did not have the rightful title to possess the car.

When a person sells goods by infringing the copying or trademark of others, there is a breach of an implied condition as to title. This means that the person selling the goods does not have legal ownership or the right to sell the goods, as they are infringing on the intellectual property rights of others. This can lead to legal consequences for the seller and potential issues for the buyer who may unknowingly purchase infringing goods.

When a condition is changed to the status of a warranty, the buyer loses the right to reject the goods. This means that even if the goods do not meet the original condition, the buyer cannot refuse to accept them. However, the buyer still retains the right to claim damages. This means that if the goods do not meet the original condition, the buyer can seek compensation for any losses or harm caused by the non-conforming goods. Therefore, both statements (a) and (b) are correct.

The correct answer is "All of these" because the statement mentions three different cases where the seller is obligated to provide goods that are fit for the buyer's particular purpose: when there is an express condition as to fitness for the buyer's purpose, when an implied condition is attached by custom or trade usage, and when the buyer tells their purpose and relies on the seller's skill and judgment. Therefore, all of these cases apply.

In case of breach of warranty, the buyer can claim damages only. This means that if the seller fails to fulfill the terms of the warranty, the buyer has the right to seek compensation for any losses or damages they have suffered as a result. However, the buyer cannot reject the goods in this situation, as breach of warranty does not give them the right to return or refuse the goods. Therefore, the correct answer is claim damages only.

When goods are sold by description, there is an implied condition that the goods should correspond with the description provided. This means that the goods should match the details, characteristics, and specifications mentioned in the description. If the goods do not match the description, it can be considered a breach of this implied condition. This ensures that buyers receive the goods as described and prevents sellers from misleading or misrepresenting the product.

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Section 12 (2) of the Sale of Goods Act, 1930 defines the term condition. This section states that a condition is a stipulation essential to the main purpose of the contract, the breach of which gives the aggrieved party the right to repudiate the contract and claim damages. In other words, a condition is a fundamental term of the contract that goes to the root of the agreement. If this term is breached, the injured party has the right to terminate the contract and seek compensation for any losses suffered.

Both (a) and (b) are correct. In cases where the buyer purchases goods under a patent or trade name, the condition as to fitness of goods for the buyer's particular purpose does not apply. However, if the buyer relies upon the seller's skill and judgment for their specific purpose, then the condition as to fitness for the buyer's purpose is applicable. Therefore, both statements are correct in this scenario.

In a contract of sale, an implied condition refers to a condition that is automatically included in the contract, even if it is not explicitly stated. Conditions as to title, description, and sample are all implied conditions in a contract of sale. This means that when a buyer purchases a product, they have the right to expect that the seller has the legal ownership of the product (title), that the product matches the description provided, and that the product matches the sample shown. However, a condition as to being free from encumbrance is not an implied condition in a contract of sale. This means that unless it is explicitly stated in the contract, the buyer cannot assume that the product is free from any legal claims or charges.

In the case of a sale by description, if the goods do not match the description but still serve the buyer's purpose, the buyer has the right to reject the goods. This means that even though the goods may be suitable for the buyer's needs, if they do not meet the specific description provided, the buyer can refuse to accept them. This is important to ensure that buyers receive exactly what they were promised and are not misled by inaccurate descriptions.

Implied conditions are read into every contract of sale unless they are expressly excluded by the parties. This means that these conditions are automatically considered part of the contract unless the parties specifically state otherwise. It is important to note and understand these implied conditions when entering into a contract of sale.

The implied conditions under the Sale of Goods Act 1930 include a condition as to description and a condition as to sample as well as description. These conditions ensure that the goods sold must match the description provided and that they must also match any sample that was shown to the buyer. These conditions protect the buyer from receiving goods that do not meet their expectations or that are different from what was promised.

The doctrine of caveat emptor, which means "buyer beware," states that the buyer is responsible for inspecting and evaluating the goods before purchasing them. However, this does not mean that there are no implied conditions or warranties in a contract of sale. In fact, many jurisdictions have laws that provide protections for buyers, such as the implied warranty of merchantability or fitness for a particular purpose. Therefore, the statement that there is no implied condition or warranty in a contract of sale is false.

The correct answer is "Once the buyer exercises this option, he loses his right to reject the goods as well as the right to claim damages." This statement is incorrect because when the buyer treats a breach of condition as a breach of warranty, they still retain the right to reject the goods or claim damages. The option to treat a breach of condition as a breach of warranty does not automatically waive these rights.

The implied warranties under the Sale of Goods Act, 1930 are warranty as to quiet possession and warranty as to free from encumbrance. These warranties ensure that the buyer will have undisturbed possession of the goods and that the goods are free from any claims or rights of third parties. Warranty as to merchantability and warranty as to wholesomeness are not implied warranties under the Sale of Goods Act, 1930.

The correct answer is English Sale of Goods Act. The term 'merchantable' is defined in Section 14 (2) of the English Sale of Goods Act.

The doctrine of caveat emptor states that the buyer is responsible for examining the goods before purchasing them, and that the seller is not responsible for any defects or issues with the goods after the sale. This means that there is no implied condition or warranty in a contract of sale regarding the quality or fitness of the goods for the buyer's purpose. In other words, the buyer cannot expect the seller to guarantee that the goods will be suitable for their intended use.

In every agreement to sell, it is implied that the seller will have the right to sell the goods. This means that the seller has the legal authority and ownership of the goods being sold. It is an essential condition for any agreement to be valid, as the buyer expects to receive goods from a seller who has the right to sell them. This ensures that the buyer will not face any legal issues or disputes regarding the ownership of the goods in the future.

In the case of sale by sample as well as description, if the goods only correspond with the sample provided, the buyer has the right to reject the goods. This means that the contract between the buyer and seller is automatically terminated.