SALE OF GOODS.
No. 4 of 1896.
725
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12. In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is—
(1) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods, and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass:
(2) an implied warranty that the buyer shall have and enjoy quiet possession of the goods:
(3) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party, not declared or known to the buyer before or at the time when the contract is made.
undertaking as to title, etc.
13. Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and if the sale is by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
conditions as
14. Subject to the provisions of this Ordinance and of any enactment in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows:-
(1) where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of the description which it is in the course of the seller's business to supply (whether he is the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose: Provided that, in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose:
(2) where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality: Provided that if the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to have revealed:
* See note to section 1.
Page 5
Page 6
SALE OF GOODS.
No. 4 of 1896.
725
agree- thereof
1st pay
ig the 1 fault
'ms of
hed to
other pends
endar
on to
may nty,
the
as
to a
the
in of
ed a
:
has
t is
yer,
y be
ting
is a
tion
of
12. In a contract of sale, unless the circumstances of the contract Implied are such as to show a different intention, there is—
(1) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods, and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass:
(2) an implied warranty that the buyer shall have and enjoy quiet possession of the goods:
(3) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party, not declared or known to the buyer before or at the time when the contract is made.
undertaking as to title, etc.
*
13. Where there is a contract for the sale of goods by description, Sale by there is an implied condition that the goods shall correspond with description. the description; and if the sale is by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the des- cription.
conditions as
14. Subject to the provisions of this Ordinance and of any enact- Implied ment in that behalf, there is no implied warranty or condition as to to quality or the quality or fitness for any particular purpose of goods supplied fitness. under a contract of sale, except as follows:-
(1) where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of the description which it is in the course of the seller's business to supply (whether he is the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose: Provided that, in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose:
(2) where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality: Provided that if the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to have revealed:
* See note to section 1.
Page 5Page 6
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