Implied condition of merchantability when buyer examines the good

The implied condition of merchantability is an important concept in contract law, particularly in the context of the sale of goods. It refers to the expectation that the goods being sold are fit for their ordinary purpose and are of a certain quality. However, this condition may be affected when the buyer examines the goods before the purchase.

Explanation:

When a buyer examines the goods before purchasing them, it can have implications on the implied condition of merchantability. Let's discuss the different scenarios that may arise:

1. Implied condition exists:
- In this scenario, the implied condition of merchantability exists even when the buyer examines the goods.
- This means that the buyer still expects the goods to be fit for their ordinary purpose and of a certain quality, regardless of the examination.
- However, it is important to note that the examination may affect the buyer's ability to later claim that the goods were not merchantable if any defects or issues were discovered during the examination.

2. Implied condition is pre-assumed:
- This is the correct answer to the question.
- When the buyer examines the goods, it is pre-assumed that the buyer is satisfied with the condition and quality of the goods.
- By examining the goods before the purchase, the buyer acknowledges that they have assessed the goods and found them to be merchantable.
- In this case, the implied condition of merchantability is still applicable, but the buyer's examination acts as evidence of their satisfaction with the goods.

3. Implied condition is not applicable:
- This scenario is incorrect because the implied condition of merchantability is generally applicable unless specifically excluded or modified in the contract.
- The buyer's examination of the goods does not automatically negate the implied condition of merchantability.

In conclusion, when the buyer examines the goods before purchasing them, it is pre-assumed that the buyer is satisfied with the condition and quality of the goods, which affects the implied condition of merchantability. This does not mean that the implied condition is not applicable, but rather that the buyer's examination serves as evidence of their satisfaction with the goods.