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Enjoying of goods without any disturbance, free from any charges and quality by usage of trade. These imply:
- a)Implied condition
- b)Implied warranty
- c)Both (a) and (b)
- d)Neither (a) nor (b)
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Enjoying of goods without any disturbance, free from any charges and q...
Express and Implied Conditions / Warranties : A Sale
Conditions and warranties may be express or implied.
Express conditions and warranties are which, are expressly provided in the contract. Implied conditions and warranties are those which are implied by law or custom; these shall prevail in a contract of sale unless the parties agree to the contrary.
i) Condition as to title -- In every contract of sale, unless the circumstances of the contract are such as to show a different intention, there is an implied condition on the part of the seller, that :
In case of a sale, he has a right to sell the goods, and
In case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass.
The words 'right to sell' contemplate not only that the seller has the title to what he purports to sell, but also that the seller has the right to pass the property. If the seller's title turns out to be defective, the buyer may reject the goods.
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Enjoying of goods without any disturbance, free from any charges and q...
Understanding Implied Warranty
In the context of commercial transactions, the terms "implied condition" and "implied warranty" are crucial for both buyers and sellers. Here, we will focus on why the statement provided pertains to an implied warranty.
Definition of Implied Warranty
- An implied warranty is an automatic guarantee that the goods sold will meet certain standards of quality and performance, even if not explicitly stated in the contract.
- It assures the buyer that they can use the goods without fear of defects or shortcomings that would compromise their value or usability.
Key Characteristics of Implied Warranty
- Quality Assurance: The goods must be fit for the purpose for which they are sold. This means they should perform as expected without significant issues.
- Freedom from Disturbance: Buyers are entitled to enjoy the goods without interference from the seller or other parties. This includes the assurance that the goods are free from liens or other claims.
- No Extra Charges: The implied warranty guarantees that the buyer should not incur unexpected charges related to the quality or usage of the goods.
Implied Condition vs. Implied Warranty
- Implied Condition: Refers to essential terms that must be met for the contract to be valid, such as the goods being of merchantable quality.
- Implied Warranty: Focuses on the assurances regarding the quality and usability of the goods post-purchase.
Conclusion
In this scenario, the statement emphasizes the buyer's right to enjoy goods free from disturbances and charges, which aligns with the concept of an implied warranty. Therefore, the correct answer is option 'B'.
In the context of commercial transactions, the terms "implied condition" and "implied warranty" are crucial for both buyers and sellers. Here, we will focus on why the statement provided pertains to an implied warranty.
Definition of Implied Warranty
- An implied warranty is an automatic guarantee that the goods sold will meet certain standards of quality and performance, even if not explicitly stated in the contract.
- It assures the buyer that they can use the goods without fear of defects or shortcomings that would compromise their value or usability.
Key Characteristics of Implied Warranty
- Quality Assurance: The goods must be fit for the purpose for which they are sold. This means they should perform as expected without significant issues.
- Freedom from Disturbance: Buyers are entitled to enjoy the goods without interference from the seller or other parties. This includes the assurance that the goods are free from liens or other claims.
- No Extra Charges: The implied warranty guarantees that the buyer should not incur unexpected charges related to the quality or usage of the goods.
Implied Condition vs. Implied Warranty
- Implied Condition: Refers to essential terms that must be met for the contract to be valid, such as the goods being of merchantable quality.
- Implied Warranty: Focuses on the assurances regarding the quality and usability of the goods post-purchase.
Conclusion
In this scenario, the statement emphasizes the buyer's right to enjoy goods free from disturbances and charges, which aligns with the concept of an implied warranty. Therefore, the correct answer is option 'B'.
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Enjoying of goods without any disturbance, free from any charges and quality by usage of trade. These imply:a)Implied conditionb)Implied warrantyc)Both (a) and (b)d)Neither (a) nor (b)Correct answer is option 'B'. Can you explain this answer?
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