Question

1.. Discuss the provisions of Section 12 of the Sale of Goods Act 1957 regarding condition and warranty. (100 to 120 words)

2. Discuss section 16 of the Sale of Goods Act 1957 with regard to implied condition as to quality and fitness. (150 to 160 words)

3. Discuss the provisions of Section 13 of the Sale of Goods Act 1957 with regard to when condition can be treated as warranty. (100 to 120 words

Answer 1

Answer1:

CONDITIONS AND WARRANTIES which means OF CONDITION AND warrantee A stipulation in an exceedingly contract of sale with relevancy merchandise that square measure the topic thence is also a condition or a warranty[Sec. 12(1)].

Condition: A condition could be a stipulation essential to the most purpose of the contract, the breach of which supplies rise to a right to treat the contract as unacknowledged. [Sec 12(2)]

Warranty: a guaranty could be stipulation collateral to the most purpose of the contract, breach of which supplies rise to a claim for damages, however not a right to reject the products and treat the contract as unacknowledged. [Sec 12(3)]

Answer2:

Condition on quality or fitness [Sec. sixteen (1)] usually, in an exceedingly contract of sale there's no tacit condition on the standard or fitness of the products for a specific purpose. The customer should examine the products completely before he buys them so as to satisfy himself.

Example: Associate in nursing order was placed for a few Lorries to be used “for significant traffic in an exceedingly unsmooth area”. The Lorries equipped were unfit and breakdown. There’s a breach of a condition on fitness.

Answer3:

When condition to be treated as warranty [Sec.13]

• Where a contract of sale is subject to any condition to be consummated by the vendor, the customer could waive the condition or elect to treat the breach of the condition as a breach of warranty. [Section 13(1)].
• Where a contract of sale isn't dissociable and also the purchaser has accepted the products or half thence, the breach of any condition to be consummated by the vendor will solely be treated as a breach of warranty, unless there's a term of the contract, specific or tacit, to its result. [Section 13(2)].
• Nothing during this section shall have an effect on the case of any condition or warranty fulfillment of that is exempt by law by reason of impossibility or otherwise. [section 13(3)].