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M sold to B a tin of disinfectant powder. He knew that it would be dangerous to open the tin without special care but he did not warn B. B without knowledge of the danger opened the tin and injured himself. B filed a suit for damages for injury. Will he succeed?
- a)Yes, conditions as to merchantability.
- b)Yes, warranty as to disclosure of dangerous nature of goods
- c)Yes, warranty as to quality or fitness by usage of trade
- d)Yes, condition as to quality or fitness
Correct answer is option 'B'. Can you explain this answer?
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M sold to B a tin of disinfectant powder. He knew that it would be dan...
As per warranty as to disclosure of dangerous nature of goods the seller should warn the buyer about the dangerous goods otherwise damages should be claimed.
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M sold to B a tin of disinfectant powder. He knew that it would be dan...
Explanation:
In this case, the key issue is whether M, the seller, had a duty to disclose the dangerous nature of the disinfectant powder to B, the buyer.
Under the principle of caveat emptor (buyer beware), the general rule is that the seller is not responsible for disclosing any defects or dangers related to the product. However, there are exceptions to this rule, such as when there is a special relationship between the parties or when there is a warranty or representation made by the seller.
In this case, the correct answer is option 'B' - Yes, warranty as to disclosure of dangerous nature of goods. This is because M knew that the tin of disinfectant powder was dangerous and had a duty to disclose this information to B. By failing to warn B about the dangers, M breached the warranty of disclosure.
Explanation of other options:
- Option 'A' - Yes, condition as to merchantability: This option is not applicable in this case as it relates to the quality and fitness for ordinary purposes of the goods, not the disclosure of dangerous nature.
- Option 'C' - Yes, warranty as to quality or fitness by usage of trade: This option is also not applicable in this case as it relates to the fitness of the goods for a particular purpose based on the usage of trade, not the disclosure of dangerous nature.
- Option 'D' - Yes, condition as to quality or fitness: This option is not applicable as it is similar to option 'C' and does not address the issue of disclosure of dangerous nature.
Conclusion:
In conclusion, B will succeed in his suit for damages for injury because M breached the warranty of disclosure by failing to warn B about the dangerous nature of the disinfectant powder.
In this case, the key issue is whether M, the seller, had a duty to disclose the dangerous nature of the disinfectant powder to B, the buyer.
Under the principle of caveat emptor (buyer beware), the general rule is that the seller is not responsible for disclosing any defects or dangers related to the product. However, there are exceptions to this rule, such as when there is a special relationship between the parties or when there is a warranty or representation made by the seller.
In this case, the correct answer is option 'B' - Yes, warranty as to disclosure of dangerous nature of goods. This is because M knew that the tin of disinfectant powder was dangerous and had a duty to disclose this information to B. By failing to warn B about the dangers, M breached the warranty of disclosure.
Explanation of other options:
- Option 'A' - Yes, condition as to merchantability: This option is not applicable in this case as it relates to the quality and fitness for ordinary purposes of the goods, not the disclosure of dangerous nature.
- Option 'C' - Yes, warranty as to quality or fitness by usage of trade: This option is also not applicable in this case as it relates to the fitness of the goods for a particular purpose based on the usage of trade, not the disclosure of dangerous nature.
- Option 'D' - Yes, condition as to quality or fitness: This option is not applicable as it is similar to option 'C' and does not address the issue of disclosure of dangerous nature.
Conclusion:
In conclusion, B will succeed in his suit for damages for injury because M breached the warranty of disclosure by failing to warn B about the dangerous nature of the disinfectant powder.
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M sold to B a tin of disinfectant powder. He knew that it would be dangerous to open the tin without special care but he did not warn B. B without knowledge of the danger opened the tin and injured himself. B filed a suit for damages for injury. Will he succeed?a)Yes, conditions as to merchantability.b)Yes, warranty as to disclosure of dangerous nature of goodsc)Yes, warranty as to quality or fitness by usage of traded)Yes, condition as to quality or fitnessCorrect answer is option 'B'. Can you explain this answer?
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M sold to B a tin of disinfectant powder. He knew that it would be dangerous to open the tin without special care but he did not warn B. B without knowledge of the danger opened the tin and injured himself. B filed a suit for damages for injury. Will he succeed?a)Yes, conditions as to merchantability.b)Yes, warranty as to disclosure of dangerous nature of goodsc)Yes, warranty as to quality or fitness by usage of traded)Yes, condition as to quality or fitnessCorrect answer is option 'B'. Can you explain this answer? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about M sold to B a tin of disinfectant powder. He knew that it would be dangerous to open the tin without special care but he did not warn B. B without knowledge of the danger opened the tin and injured himself. B filed a suit for damages for injury. Will he succeed?a)Yes, conditions as to merchantability.b)Yes, warranty as to disclosure of dangerous nature of goodsc)Yes, warranty as to quality or fitness by usage of traded)Yes, condition as to quality or fitnessCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for M sold to B a tin of disinfectant powder. He knew that it would be dangerous to open the tin without special care but he did not warn B. B without knowledge of the danger opened the tin and injured himself. B filed a suit for damages for injury. Will he succeed?a)Yes, conditions as to merchantability.b)Yes, warranty as to disclosure of dangerous nature of goodsc)Yes, warranty as to quality or fitness by usage of traded)Yes, condition as to quality or fitnessCorrect answer is option 'B'. Can you explain this answer?.
M sold to B a tin of disinfectant powder. He knew that it would be dangerous to open the tin without special care but he did not warn B. B without knowledge of the danger opened the tin and injured himself. B filed a suit for damages for injury. Will he succeed?a)Yes, conditions as to merchantability.b)Yes, warranty as to disclosure of dangerous nature of goodsc)Yes, warranty as to quality or fitness by usage of traded)Yes, condition as to quality or fitnessCorrect answer is option 'B'. Can you explain this answer? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about M sold to B a tin of disinfectant powder. He knew that it would be dangerous to open the tin without special care but he did not warn B. B without knowledge of the danger opened the tin and injured himself. B filed a suit for damages for injury. Will he succeed?a)Yes, conditions as to merchantability.b)Yes, warranty as to disclosure of dangerous nature of goodsc)Yes, warranty as to quality or fitness by usage of traded)Yes, condition as to quality or fitnessCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for M sold to B a tin of disinfectant powder. He knew that it would be dangerous to open the tin without special care but he did not warn B. B without knowledge of the danger opened the tin and injured himself. B filed a suit for damages for injury. Will he succeed?a)Yes, conditions as to merchantability.b)Yes, warranty as to disclosure of dangerous nature of goodsc)Yes, warranty as to quality or fitness by usage of traded)Yes, condition as to quality or fitnessCorrect answer is option 'B'. Can you explain this answer?.
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ample number of questions to practice M sold to B a tin of disinfectant powder. He knew that it would be dangerous to open the tin without special care but he did not warn B. B without knowledge of the danger opened the tin and injured himself. B filed a suit for damages for injury. Will he succeed?a)Yes, conditions as to merchantability.b)Yes, warranty as to disclosure of dangerous nature of goodsc)Yes, warranty as to quality or fitness by usage of traded)Yes, condition as to quality or fitnessCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CA Foundation tests.
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