Quality or fitness of goods for any particular purpose has no ............ .

This question was previously asked in
MH SET Paper-II: Commerce 7th April 2024
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  1. Implied Condition
  2. Implied Warranty
  3. Express Condition
  4. Express Warranty

Answer (Detailed Solution Below)

Option 1 : Implied Condition
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MH SET Paper 1: Held on 26th Sep 2021
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Detailed Solution

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The correct answer is - Implied Condition

Key Points

  • Implied Condition
    • An Implied Condition refers to a condition that is not explicitly stated but is legally assumed to exist in a contract.
    • Under the Sale of Goods Act, there is an implied condition that goods are reasonably fit for the purpose for which they are bought.
    • However, if the buyer has not disclosed the specific purpose or relied on their judgment, the seller is not liable for the fitness of goods.
    • This principle is derived from Section 16 of the Sale of Goods Act, 1930.
  • The term "fitness for any particular purpose" directly relates to an Implied Condition, making it the correct choice.

Additional Information

  • Implied Warranty
    • Unlike an implied condition, an Implied Warranty guarantees certain aspects of the product but does not form the basis of the contract.
    • For example, there is an implied warranty that the buyer will enjoy quiet possession of the goods.
  • Express Condition
    • An Express Condition is explicitly stated in the contract by the parties.
    • These conditions are agreed upon and must be fulfilled for the contract to remain valid.
  • Express Warranty
    • An Express Warranty is explicitly provided by the seller, often in written or verbal form, assuring the quality or performance of goods.
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