Which of the following is NOT a part of a contract of sale?a)Mere opin...
The correct answer is option 'A' - Mere opinions.
Explanation:
A contract of sale is an agreement between two parties, the seller and the buyer, where the seller agrees to transfer ownership of goods or services to the buyer in exchange for a price. It is a legally binding document that outlines the terms and conditions of the sale. While several elements are included in a contract of sale, mere opinions are not considered part of the contract. Here's a breakdown of the different components of a contract of sale:
1. Conditions and Warranties:
Conditions and warranties are essential parts of a contract of sale. They define the rights and obligations of the parties involved. Conditions are vital terms that directly affect the essence of the contract. If a condition is breached, it gives the innocent party the right to terminate the contract and claim damages. Warranties, on the other hand, are secondary terms that are not of utmost importance to the contract. However, if a warranty is breached, the innocent party can only claim damages but cannot terminate the contract.
2. Stipulations:
Stipulations are specific terms or provisions agreed upon by the parties involved. These terms can include the details of the goods or services being sold, the price, the mode of payment, the delivery terms, and any other specific conditions agreed upon by the buyer and seller. Stipulations are binding and form an integral part of the contract of sale.
3. Representations:
Representations are statements made by one party to the other before the contract is formed. These statements can be in the form of facts, opinions, or promises, and they play a significant role in inducing the other party to enter into the contract. If a representation is false or misleading and induces the other party to enter into the contract, it can be considered a misrepresentation, which can lead to the contract being voidable or result in a claim for damages.
4. Mere Opinions:
Mere opinions are subjective statements made by one party that do not hold any binding effect on the contract. These statements are based on personal beliefs or judgments and are not considered as factual representations. Mere opinions are not legally enforceable and do not form part of the contract of sale.
In conclusion, while conditions, warranties, stipulations, and representations are all important components of a contract of sale, mere opinions are not considered part of the contract.
Which of the following is NOT a part of a contract of sale?a)Mere opin...
Mere opinions do not form a part of a contract of sale. They are considered as representations but do not become stipulations in the contract. They are simply the personal opinions of the seller and do not give the buyer any right of action against the seller.