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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
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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.
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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.