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Under the Sale of Goods Act, 1930, which of the following is/are the implied warranty (ies) ?
1 . Warranty of quiet possession
2 . Warranty of freedom from encumbrances
3 . Warranty of title
4 . Warranty as to wholesomeness.
- a)1&2
- b)1&3
- c)2&4
- d)3&4
Correct answer is option 'A'. Can you explain this answer?
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Under the Sale of Goods Act, 1930, which of the following is/are the i...
Implied Warranties Under the Sale of Goods Act, 1930
The Sale of Goods Act, 1930 outlines several implied warranties that protect the interests of the buyer in a sale transaction. Among the options provided, the warranties that are recognized include:
1. Warranty of Quiet Possession
- This warranty ensures that the buyer will have peaceful enjoyment of the goods purchased without any interference.
- It protects the buyer from any disturbance caused by the seller or third parties regarding the ownership of the goods.
2. Warranty of Freedom from Encumbrances
- This warranty guarantees that the goods are free from any legal claims or liens.
- It assures the buyer that they will not face any legal issues related to ownership upon purchasing the goods.
3. Warranty of Title
- This warranty ensures that the seller has the right to sell the goods.
- It protects the buyer from any claims made by third parties regarding the ownership of the goods.
4. Warranty as to Wholesomeness
- This warranty applies specifically to the sale of goods that are consumable, ensuring they are fit for consumption.
- It protects the buyer from purchasing tainted or harmful products.
Correct Answer and Explanation
The correct answer is option 'A', which indicates that warranties 1, 2, and 3 are implied under the Sale of Goods Act, 1930. Warranty 4, regarding wholesomeness, is not universally applicable to all goods and is specific to consumable items. Therefore, the implied warranties recognized in the Act primarily focus on possession, freedom from encumbrances, and title, establishing a solid foundation for consumer protection in sales transactions.
The Sale of Goods Act, 1930 outlines several implied warranties that protect the interests of the buyer in a sale transaction. Among the options provided, the warranties that are recognized include:
1. Warranty of Quiet Possession
- This warranty ensures that the buyer will have peaceful enjoyment of the goods purchased without any interference.
- It protects the buyer from any disturbance caused by the seller or third parties regarding the ownership of the goods.
2. Warranty of Freedom from Encumbrances
- This warranty guarantees that the goods are free from any legal claims or liens.
- It assures the buyer that they will not face any legal issues related to ownership upon purchasing the goods.
3. Warranty of Title
- This warranty ensures that the seller has the right to sell the goods.
- It protects the buyer from any claims made by third parties regarding the ownership of the goods.
4. Warranty as to Wholesomeness
- This warranty applies specifically to the sale of goods that are consumable, ensuring they are fit for consumption.
- It protects the buyer from purchasing tainted or harmful products.
Correct Answer and Explanation
The correct answer is option 'A', which indicates that warranties 1, 2, and 3 are implied under the Sale of Goods Act, 1930. Warranty 4, regarding wholesomeness, is not universally applicable to all goods and is specific to consumable items. Therefore, the implied warranties recognized in the Act primarily focus on possession, freedom from encumbrances, and title, establishing a solid foundation for consumer protection in sales transactions.
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