6. Discuss the implied condition relating to sale by sample?
Answers
Answer:
Implied Conditions
Conditions and Warranties may be either express or implied. The implied conditions and warranties are those which are presumed by law to be present in the contract though they have not been put into it in expressed words. Implied conditions are dealt with in Sections 14 to 17 of the Sale of Goods Act, 1930. Unless otherwise agreed, the law incorporates into a contract of a sale of goods the following implied conditions:
Condition As To Title
In every contract of sale, the first implied condition on the part of the seller is that:
in case of a sale, he has a right to sell the goods,
and in the case of an agreement to sell, he will have the right to sell the goods at the time when the property is to pass. Buyer is entitled to reject the goods and to recover the price if the title turns out to be defective. [Section 14(a)].
Let us try to understand this with the help of an example. Let us say that person A bought a tractor from another person B. The person B had no title to the tractor. Person A then goes on to use the tractor for three months. Three months later, the legal owner of the tractor spots it and demands it back from A. In this, the law holds that A is bound within the law to hand over the tractor to the real owner of the tractor. A has the right to sue B, for the recovery of the purchase price.
Explanation:
Conditions in a Sale by Sample: A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied to that effect. Usually, a sale by sample is implied when a sample is shown and the parties intend that the goods should be of he kind and quality as the sample is.