Implied Conditions in a Contract of Sale

A contract of sale is an agreement between a buyer and a seller for the exchange of goods or services for a price. It involves certain implied conditions that are included in the contract even if they are not explicitly mentioned. These implied conditions are as follows:

1. Condition as to Title: The seller must have the legal right to sell the goods, and the buyer must receive a good title to the goods. This means that the seller must own the goods or have the authority to sell them.

2. Condition as to Description: The goods must correspond with the description given by the seller. If the goods do not match the description, the buyer has the right to reject them.

3. Condition as to Quality or Fitness: The goods must be of merchantable quality and fit for the purpose for which they are intended. If the goods are not of merchantable quality or do not fit for the intended purpose, the buyer has the right to reject them.

4. Condition as to Sample: If the goods are sold by sample, the goods delivered must correspond with the sample in quality and quantity.

Not an Implied Condition

Condition as to Free from Encumbrance is not an implied condition in a contract of sale. This means that the goods may be subject to certain encumbrances, such as mortgages or liens, which are not disclosed by the seller. If the buyer discovers any such encumbrances after the sale, they cannot reject the goods on this ground.

Conclusion

In conclusion, a contract of sale involves certain implied conditions that are included in the contract even if they are not explicitly mentioned. These conditions ensure that the buyer receives goods of a certain standard and quality. However, condition as to free from encumbrance is not an implied condition, and the buyer cannot reject the goods on this ground.

Option c is an implied warranty not a condition.