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Directions: Read the passage and answer the question that follows.
A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.
There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.
A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.
If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.
Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.
  • a)
    This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.
  • b)
    This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.
  • c)
    This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.
  • d)
    None of the above
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the passage and answer the question that follows.A c...
Exaggerated statements or opinions are not considered express warranties. Akash cannot hold the seller to that proclamation because it is an opinion and not an express warranty.
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The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.Stinga, a yogurt company, advertises its online product claiming that it boosts immunity and keeps the person healthy as it contains a special kind of bacteria. Zia filed a case against Stinga that it has misled the consumers.

The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The 2019 Act has brought in some major changes and provides for more protection to the consumers in pari materia to the earlier 1986 Act which can be seen from the comprehensive definition provided for the terms consumer and unfair trade practice. The 2019 Act expands the scope of the definition of consumer so as to include the consumers involved in online transactions and it now squarely covers the e-commerce businesses within its ambit. The 2019 Act has also widened the definition of unfair trade practices as compared to the 1986 Act which now includes within its ambit online misleading advertisements; the practice of not issuing bill/memo for the goods and services; failing to take back defective goods or deactivate defective services and refund the amount within the stipulated time mentioned in the bill or memo or within 30 days in the absence of such stipulation; and disclosing personal information of a consumer unless such disclosure is in accordance with law.The 2019 Act has also introduced the concept of unfair contract which includes those contracts which favour the manufacturers or service providers and are against the interest of the consumers such as contracts requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; imposing any penalty on the consumer for a breach of the contract, which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract. Such unfair consumer contracts are now covered under the 2019 Act and a complaint in this regard can now be filed by a consumer.Another major introduction in the 2019 Act is the concept of product liability which covers within its ambit the product manufacturer, product service provider and product seller, for any claim for compensation. The term product liability is defined by the 2019 Act as the responsibility of a product manufacturer or product seller, of any product or service, related to the product to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating to the product. Also, the product seller has now been defined to include a person who is involved in placing the product for a commercial purpose and as such would include e-commerce platforms as well. Therefore, the ground commonly taken by e-commerce websites that they merely act as platforms or aggregators will now not be tenable before the court anymore. There are increased liability risks for manufacturers as compared to product service providers and product sellers, considering that under the 2019 Act, manufacturers will be liable in product liability action even where they successfully prove that they were not negligent or fraudulent in making the express warranty of a product. However, certain exceptions have been provided under the 2019 Act from liability claims, such as, that the product seller will not be liable where the product has been misused, altered or modified.Q.A strawberry flavoured protein shake was manufactured by "Shakes n Shop". The protein shake was meant to be taken with just curd. Sonia took the shake with milk and got a sore throat. Sonia filed a suit against "Shakes n Shop". Decide.

Directions: Read the passage and answer the question that follows.The Pesticide Management Bill, 2020, is a long-overdue law on this critical segment of agriculture, in the making since 2008, to replace the obsolete Insecticides Act, 1968. Globally, India is the fourth-largest producer of pesticides. As a first step, the proposed legislation covers all classes of pesticides, not just insecticides as the current law does.Taking into account advances in modern pest management science and the ill effects of synthetic pesticides, the Pesticide Management Bill should bring India's pesticide sector in line with global norms, to some of which India has signed up. The food safety law already has limits on pesticide residue. It would be desirable for the government to subject the Bill to public comment.The present law addresses manufacturing, sale, import, transport, use, and distribution of insecticides. The Bill will cover the life cycle of pesticides from manufacture to disposal and will include regulation of export, packaging, labelling, pricing, storage, and advertisement. Penalties on manufacturers for non-compliance with rules and regulations would be stiffer.An important focus of the Bill is on labelling-manufacturers will be required by law to specify clear and specific information on material and chemical composition, and dosage of use. The labels must carry this information in the local language to ensure that farmers are properly informed. This is critical. There is a tendency of overuse of pesticides by farmers, often driven by ignorance.The Bill should also have provision for technical assistance to farmers on pesticide use from agriculture extension services centers. This is vital for farm exports. Proposals for a pool for compensating farmers might sound good but would diffuse culpability, which must be rigorously established before seeking compensation. Empowering states to set locally relevant norms would be a good idea.While the Bill is a major step forward, it needs to go beyond regulating chemical pesticides. It must take into account non-synthetic pesticides, including research and development.Q. If a manufacturer is supplying pesticides to the farmers at a village in Tamil Nadu. What is the most important thing for the manufacturer to ensure according to the proposed Pesticide Management Bill, 2020?

The Parliament passed the Consumer Protection Act, 2019, which promises to strengthen the rights of consumers and provides a mechanism for redressal of complaints regarding defects in goods and deficiency in services.Union Food and Consumer Affairs Minister stressed that the overall purpose of the legislation was to ease the process of addressing grievances of consumers.TheAct also seeks to bring in e-commerce under their jurisdiction and hold celebrities accountable for false and misleading advertisements of products that they endorse.The Act proposed strict action against the advertiser in case of misleading advertisements but not against the media through which the advertisement is being publicised. It also provides for product liability action on account of harm caused to consumers due to defective products or deficient services.Product liability means the liability of a product manufacturer, service provider or seller to compensate a consumer for any harm or injury caused by a defective good or deficient service.Under the Act, a consumer is defined as a person who buys any good or avails a service for a consideration.It does not include a person who obtains a good for resale or a good or service for commercial purpose. It covers transactions through all modes including offline, and online through electronic means, teleshopping, multilevel marketing or direct selling. Only a consumer can bring an action under the Act. Certain consumer rights have been defined in the Act, including the right to: (i) be protected against marketing of goods and services which are hazardous to life and property; (ii) be informed of the quality, quantity, potency, purity, standard and price of goods or services; (iii) be assured of access to a variety of goods or services at competitive prices; and (iv) seek redressal against unfair or restrictive trade practices.The central government will set up a Central Consumer Protection Authority (CCP

The Parliament passed the Consumer Protection Act, 2019, which promises to strengthen the rights of consumers and provides a mechanism for redressal of complaints regarding defects in goods and deficiency in services.Union Food and Consumer Affairs Minister stressed that the overall purpose of the legislation was to ease the process of addressing grievances of consumers.TheAct also seeks to bring in e-commerce under their jurisdiction and hold celebrities accountable for false and misleading advertisements of products that they endorse.The Act proposed strict action against the advertiser in case of misleading advertisements but not against the media through which the advertisement is being publicised. It also provides for product liability action on account of harm caused to consumers due to defective products or deficient services.Product liability means the liability of a product manufacturer, service provider or seller to compensate a consumer for any harm or injury caused by a defective good or deficient service.Under the Act, a consumer is defined as a person who buys any good or avails a service for a consideration.It does not include a person who obtains a good for resale or a good or service for commercial purpose. It covers transactions through all modes including offline, and online through electronic means, teleshopping, multilevel marketing or direct selling. Only a consumer can bring an action under the Act. Certain consumer rights have been defined in the Act, including the right to: (i) be protected against marketing of goods and services which are hazardous to life and property; (ii) be informed of the quality, quantity, potency, purity, standard and price of goods or services; (iii) be assured of access to a variety of goods or services at competitive prices; and (iv) seek redressal against unfair or restrictive trade practices.The central government will set up a Central Consumer Protection Authority (CCP

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Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?
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Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?.
Solutions for Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the passage and answer the question that follows.A condition is essentially the basis for a contract. It provides for the obligations of each party in an agreement. The simplest way to think of a condition in contract law is found in the terms 'If …then'. 'If' one party fulfills an obligation as contained in the agreement, 'then' the other party to the agreement must fulfill their obligation to that party. If the goods do not correspond with the description but such goods are fit for buyer's purpose, even then the buyer may reject the goods and the seller cannot take the defence by saying that the goods will serve the buyer's purpose.There are two types of conditions that can be found in a contract; Expressed or Implied Conditions. Expressed Conditions are conditions that have been clearly described and agreed upon by both parties to an agreement. If obligations laid forth in an expressed condition are not met, a breach of contract can be determined with liability assessed and damages awarded. Implied Conditions are conditions that are assumed to be accepted by both parties regarding their obligations. These may include conditions that ownership is not in question, the goods are not damaged, or that it is not necessary to provide detailed descriptions of the goods being sold beyond its name.A warranty is a term in a contract that is more like a promise by one party than a condition agreed upon by both parties. In warranty the buyer should have and enjoy quiet possession of the goods after having the possession of the goods. A major difference is that if a party fails to live up to a warranty, the aggrieved party can sue for damages, but that failure does not provide cause for termination of the contract.If the other party considers the warranty by one party important enough, then it could be classified as a condition. Generally, however a warranty is usually only a statement of facts. They can be expressed or implied and can be for the lifetime of the contract or be contractual only for a limited time. Express warranties are distinguished from other types of warranties by their specificity. They are specific promises made by a seller either orally or in writing. These promises can include descriptions of items or services, representations of goods in samples or models, and statements of fact. Exaggerated statements or opinions are not considered express warranties.Q. An advertisement for a pen ABC Ltd. says, "These are the world's smoothest pens you'll ever own". After watching this advertisement, Akash buys the pen. After using the pen, Akash realises that his already owned pen is much smoother. He filed a suit against the pen manufacturers to claim damages. Decide.a)This is a breach of express warranty and hence, Akash can claim damages from the manufacturer.b)This is a breach of implied warranty and hence, Akash can claim damages from the manufacturer.c)This is a case of breach of Implied condition and hence, Akash can claim damages from the manufacturer.d)None of the aboveCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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