Question

According to Section 16(1)(a) of the Sale of Goods Act, 1930, when does the condition of fitness for a particular purpose apply?

Q: Answer-According to Section 16(1)(a) of the Sale of Goods Act, 1930, when does the condition of fitness for...

Section 161a provides Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the sellers skill or judgment, there is an implied condition that the goods shall be reasonably fit for such purpose. This provision requires three cumulative conditions i the purpose must be disclosed to the seller ii the seller must be dealing in goods of that description and iii the buyer must rely on the sellers skill or judgment, not their own independent judgment. For example, if a buyer asks for paint suitable for external wooden surfaces in a coastal climate, relying on the paint shop owners expertise, an implied condition arises that the paint shall be reasonably fit for that specific purpose. The condition does not guarantee fitness but requires that the goods be reasonably fit, balancing seller liability with commercial practicality.

A Always, when goods are purchased from any seller

B Only when goods are purchased from a merchant who deals in such goods, the buyer makes known to the seller the particular purpose for which he requires the goods, and relies on the seller's skill or judgment to select goods fit for that purpose

C Only when the seller explicitly undertakes to supply goods fit for the purpose

D Never, as the law follows caveat emptor (buyer beware)

E Only when the contract explicitly states the fitness requirement

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