Question

X purchased 10 dozens of pencil sharpeners and when they are used, they are found to be blunt and not at all useful to sharpen pencils. Here is breach of___________ (a) condition as to wholesomeness (b) condition as to merchantability (c) condition as to quality or fitness (d) None of the above

Answer 1

I think option C is the answer...

Answer 2

The breach is of the Condition As To Merchantability. (Option b)

• The condition as to merchantability implies that there should not be any defect in the product being sold.
• The sharpener is blunt and cannot be used to sharpen at all, hence it is a defective one.
• This condition is valid only if the product brought from the seller and the products sold by the seller belong to the same description.
• This means the sharpener has to be bought from a seller who sells stationary and not goods of some other description.
• If the buyer had examined the product before buying and if the defect of the product was one that could be easily found by ordinary examination, then this condition is not applicable.