Law of Contract - Sec 11-17
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Conditions (Section 11-17) According to Sec 12(2), A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to right to treat the contract as repudiated. Express Implied Will of both the parties Presumed By Law
Transcript of Law of Contract - Sec 11-17
Conditions (Section 11-17)
According to Sec 12(2), A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to right to treat the contract as repudiated.
Express Implied
Will of both the parties Presumed By Law
Implied Conditions ( Sec 14 – 17 )
Condition as to Title [Sec 14(a)]
Condition as to
Description [Sec 15]
Condition as to Sample [Sec 17(2)]
Condition regarding
sample as well as Description [Sec
15]
Condition regarding
Quality and Fitness[Section
16(1)]Condition as to Merchantability [Section 16(2)]
Condition as to
Wholesomeness.
Cases Applicable
Conditions as to title - Rowland v Divall , Butterworth V Kingsway Motors
Conditions as to description - Bowes v. Shand, Shepherd v. Kane
Conditions as to sample- Mody v. Gregson, E&SRuben Ltd v.Fair Bros, Lorymer V. Smith
Conditions as to sample and decription- Wallis v. Pratt
Condition as to quality/fitness- Re Andrew Yule &Co, Priest v Last
Condition as to merchantability - Jones v. Just, Thornet v. Beers,
Conditions as to wholesomeness- Chapronier v. Mason
Conditions implied by custom- Dr.Baretto v. T.R.Price, Priest v Last
Exclusion to implied conditions
Section 62 of the sale of Goods Act, reads as-“Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course dealing by the parties or by usage, if the usage is such as to bind both the parties to the contract”
The seller can exclude his liability by expressly providing in a contract of sale that he will not be liable for the breach of any condition. Similarly the buyer can waive any condition in a contract.
