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      Question

      Under Section 31 of the Sale of Goods Act, 1930, when

      goods are sold "as is" or "as they stand":
      A All implied warranties are excluded Correct Answer Incorrect Answer
      B Only the warranty of title is excluded Correct Answer Incorrect Answer
      C Implied warranties of quality and fitness are excluded, but not warranty of title Correct Answer Incorrect Answer
      D The seller makes no representation Correct Answer Incorrect Answer
      E The buyer cannot claim breach Correct Answer Incorrect Answer

      Solution

      Section 31 provides that if the buyer has examined the goods and is aware of defects, or if goods are sold "as is" or "as they stand," the implied warranties of quality (Section 14(1)(b)) and fitness (Section 14(1)(a)) are excluded. However, the warranty of title (Section 13) cannot be excluded. This reflects the principle that the seller must have authority to sell the goods. [Citation: Sections 13-14, 31, Sale of Goods Act, 1930]

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