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?ÂSolution
Section 16(1)(a) 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 seller's 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 seller's 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 owner's 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.
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