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Which one of the following is not an implied warranty?
  • a)
    Warranty as to undisturbed possession.
  • b)
    Warranty as to existence of encumbrance.
  • c)
    Disclosure of dangerous nature of goods.
  • d)
    Warranty as to quality or fitness by usage of trade.
Correct answer is option 'B'. Can you explain this answer?
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Which one of the following is not an implied warranty?a)Warranty as to...
Implied Warranties

Implied warranties are the warranties that are not explicitly stated or written in the contract, but they are automatically imposed by law. There are two types of implied warranties:

1. Implied Warranty of Merchantability - It is an implied warranty that the goods sold are fit for their ordinary purpose.

2. Implied Warranty of Fitness for a Particular Purpose - It is an implied warranty that the goods sold are fit for a particular purpose for which the buyer intends to use them.

Not an Implied Warranty

The warranty as to existence of encumbrance is not an implied warranty. It is a warranty that is explicitly stated in the contract. It is a warranty that ensures that the seller has the legal right to sell the goods, and there is no lien or other encumbrance on the goods.

Other Implied Warranties

There are two other implied warranties that are recognized by law:

1. Warranty as to Undisturbed Possession - It is an implied warranty that the buyer will have undisturbed possession of the goods, and there will be no interference from any third party.

2. Warranty as to Quality or Fitness by Usage of Trade - It is an implied warranty that the goods sold are of the quality and fitness that is customary in the trade.

Disclosure of Dangerous Nature of Goods

Although not an implied warranty, the seller has a duty to disclose the dangerous nature of the goods to the buyer. This duty arises when the seller knows or should have known about the dangerous nature of the goods and the buyer would not have discovered it on his own.

Conclusion

In conclusion, the warranty as to existence of encumbrance is not an implied warranty. It is explicitly stated in the contract. There are other implied warranties, including warranty as to undisturbed possession and warranty as to quality or fitness by usage of trade. The seller also has a duty to disclose the dangerous nature of the goods to the buyer.
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Which one of the following is not an implied warranty?a)Warranty as to...
B) is the answer.

it should be non-existence of encumbrance
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Which one of the following is not an implied warranty?a)Warranty as to undisturbed possession.b)Warranty as to existence of encumbrance.c)Disclosure of dangerous nature of goods.d)Warranty as to quality or fitness by usage of trade.Correct answer is option 'B'. Can you explain this answer?
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Which one of the following is not an implied warranty?a)Warranty as to undisturbed possession.b)Warranty as to existence of encumbrance.c)Disclosure of dangerous nature of goods.d)Warranty as to quality or fitness by usage of trade.Correct answer is option 'B'. Can you explain this answer? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Which one of the following is not an implied warranty?a)Warranty as to undisturbed possession.b)Warranty as to existence of encumbrance.c)Disclosure of dangerous nature of goods.d)Warranty as to quality or fitness by usage of trade.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which one of the following is not an implied warranty?a)Warranty as to undisturbed possession.b)Warranty as to existence of encumbrance.c)Disclosure of dangerous nature of goods.d)Warranty as to quality or fitness by usage of trade.Correct answer is option 'B'. Can you explain this answer?.
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