Conditions which are presumed by law to be present in the contract are...
Where the buyer makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose.
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Conditions which are presumed by law to be present in the contract are...
Implied means that exists without words for example on railway station Ur luggage was taken by coolie and u didn't tried to stop him this is implied and now u are bound to pay . Therefore conditions which are not spoken but are presumed is called implied condition
Conditions which are presumed by law to be present in the contract are...
Implied Conditions
Implied conditions are conditions that are not explicitly stated in the contract but are presumed by law to be present in the contract. These conditions are based on the common understanding and expectations of the parties involved and are considered to be part of the contract even if they are not specifically mentioned.
Presumption of Implied Conditions
The law assumes certain conditions to be present in a contract to ensure fairness and to protect the rights and interests of the parties involved. These implied conditions are generally based on legal principles and common sense.
Examples of Implied Conditions
1. Condition of Title: In a contract for the sale of goods, there is an implied condition that the seller has the right to sell the goods and that the buyer will receive good title to the goods.
2. Condition of Quality: In a contract for the sale of goods, there is an implied condition that the goods will be of satisfactory quality and fit for their intended purpose.
3. Condition of Reasonable Care and Skill: In a contract for services, there is an implied condition that the service provider will exercise reasonable care and skill in performing the services.
4. Condition of Time: In contracts where time is of the essence, there is an implied condition that the parties will perform their obligations within the specified time frame.
5. Condition of Payment: In contracts for the sale of goods or services, there is an implied condition that the buyer will pay the agreed-upon price and the seller will deliver the goods or perform the services.
Importance of Implied Conditions
Implied conditions play a crucial role in contract law as they help to establish the rights and obligations of the parties involved. They provide a level of certainty and fairness by setting certain standards and expectations that are generally accepted in the relevant industry or by society as a whole.
By presuming certain conditions to be present in a contract, the law ensures that the parties are protected from unfair or unreasonable terms and that their rights and interests are safeguarded. Implied conditions also help to fill in any gaps or ambiguities that may exist in the contract and provide a framework for interpreting and enforcing the contract.
In conclusion, implied conditions are conditions that are presumed by law to be present in a contract. They are based on legal principles and common sense, and they help to establish the rights and obligations of the parties involved. These conditions provide fairness, protection, and certainty in contractual relationships.
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