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    Question

    Under Section 15 of the Sale of Goods Act, 1930, when

    goods are bought by description, which implied condition arises? 
    A The goods must be of a particular quality chosen by the buyer Correct Answer Incorrect Answer
    B There is an implied condition that the goods shall correspond with the description Correct Answer Incorrect Answer
    C The seller must guarantee that the goods have no hidden defects Correct Answer Incorrect Answer
    D The description in the contract can be contradicted by subsequent evidence Correct Answer Incorrect Answer
    E The buyer waives his right to examine the goods if he accepts the description Correct Answer Incorrect Answer

    Solution

    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.

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