IMPLIED CONDITION
1. Condition as to Title
Implied condition as to title as in “the case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass.”
This means that the seller has the right to sell a good only if he is the true owner and holds the title of the goods or is an agent of the title holder. When a good is sold, the implied condition for the good is its title, i.e., the ownership of the good. If the seller does not own the title of the said good himself and sells it to the buyer, it is a breach of condition. In such a situation, the buyer can return the goods to the seller and claim his money back or refuse to accept the good before delivery whenever he learns about the false title of the seller.
2. Sale by Description
When a buyer intends to buy goods by description, the goods must correspond with the description given by the buyer at the time of formation of the contract, failure in which the buyer can refuse to accept the goods.
3. Sale by Sample
When the goods are to be supplied on the basis of a sample provided to the buyer while the formation of a contract, the following conditions are implied:
- Bulk supplied should correspond with the sample in quality.
- Buyer shall have a reasonable opportunity to compare the goods with the sample.
- The good shall be free from any apparent defect on reasonable examination by the buyer.
4. Sale by Sample as Well as Description
When the sale of goods is by a sample as well as a description, the bulk of the goods should correspond with both, i.e., the sample and description provided to the seller in the contract and not only the description.
5. Condition as to Quality or Fitness
The doctrine of Caveat Emptor is applicable in the case of sale/purchase of goods, which means “Buyer Beware.” The maxim means that the buyer must take care of the quality and fitness of the goods he intends to buy and cannot blame the seller for his wrong choice.
When the buyer specifies the purpose for the purchase of the good to the seller, he relied on the sound judgment and expertise of the seller for his purchase; there is an implied condition that the goods shall comply with the description of the purpose of purchase.
When the goods are bought on a description from a person who sells goods of that description (even if he doesn’t manufacture the good), there is an implied condition that the goods shall correspond with the description. However, in the case of an easily observable defect that is missed by the buyer while examining the good, it is not considered as an implied condition.
IMPLIED CONDITIONS AND WARRANTIES UNDER THE SALE OF GOODS ACT
The implied conditions and warranties are attached to the subject matter for the sale of a good, which may or may not be mentioned in the contract.
Implied Warranty
An implied warranty that the buyer shall have and enjoy quiet possession of the goods, which means a buyer is entitled to the quiet possession of the goods purchased as an implied warranty, which means the buyer after receiving the title of ownership from the true owner should not be disturbed either by the seller or any other person claiming superior title of the goods. In such a case, the buyer is entitled to claim compensation and damages from the seller as a breach of implied warranty.
Goods are free from any charge or encumbrance in favor of any third party. Any charge or encumbrance pending in favor of the third party, which was not declared to the buyer while entering into a contract, shall be considered as a breach of warranty, and the buyer is entitled to compensation and claim damages from the seller for the same.