Question
Under Section 15 of the Sale of Goods Act, 1930, when
goods are bought by description, which implied condition arises?ÂSolution
Section 15 provides: "Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description." This is a condition of the contract, not merely a warranty, meaning breach allows the buyer to reject the goods entirely, not just claim damages. The implied condition applies in three scenarios: (i) when goods are bought by description and the buyer has not seen them; (ii) when a buyer inspects goods but relies primarily on description (e.g., bulk purchase); and (iii) when buying from a merchant who deals in such goods. Notably, observable defects missed by the buyer do not constitute a breach, as the buyer is expected to conduct reasonable examination when opportunity is available. This condition balances the principle of caveat emptor with fairness in sales by description.
A) Furtive B) Trivial C) Futile D) Clandestine
...Fill in blank 63 with the most appropriate word.
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