Question

Discuss the implied conditions and warranties in sale of goods contract.

Answer 1

In every contract of sale, there are certainly expressed and implied conditions and warranties. The term implied conditions means conditions which can be inferred from or guessed from the context of the contract.

Following are the implied conditions:

1. Conditions as to Title
2. Conditions as to Description
3. Sale by Sample
4. Conditions as to Quality or Fitness
5. Conditions as to Merchantability
6. Condition as to Wholesomeness
7. Condition Implied by Trade Usage

Following are the implied warranties:

1. Quiet Possession
2. Free from Any Encumbrances
3. Warranty in the case of Dangerous Goods