Condition as to quality or fitness [Section 16(1)]:
Ordinarily, there is no implied condition as to the quality or fitness of the goods sold for any particular purpose.
However, the condition as to the reasonable fitness of goods for a particular purpose may be implied if the buyer had made known to the seller the purpose of his purchase and relied upon the skill and judgment of the seller to select the best goods and the seller has ordinarily been dealing in those goods. Even this implied condition will not apply if the goods have been sold under a trademark or a patent name.
Example 1: ‘A’ bought a set of false teeth from ‘B’, a dentist. But the set was not fit for ‘A’s mouth. ‘A’ rejected the set of teeth and claimed the refund of price. It was held that ‘A’ was entitled to do so as the only purpose for which he wanted the set of teeth was not fulfilled.
Example 2: ‘A’ went to‘B’s shop and asked for a ‘Merrit’ sewing machine.‘B’ gave‘A’ the same and‘A’ paid the price.‘A’ relied on the trade name of the machine rather than on the skill and judgement of the seller ‘B’. In this case, there is no implied condition as to fitness of the machine for buyer’s particular purpose.
As a general rule, it is the duty of the buyer to examine the goods thoroughly before he buys them in order to satisfy himself that the goods will be suitable for his purpose for which he is buying them. This is known as rule of caveat emptor which means “Let the buyer beware”.
However, the condition as to the reasonable fitness of goods for a particular purpose may be implied if the buyer had made known to the seller the purpose of his purchase and relied upon the skill and judgment of the seller to select the best goods and the seller has ordinarily been dealing in those goods. Even this implied condition will not apply if the goods have been sold under a trademark or a patent name.
Example 1: ‘A’ bought a set of false teeth from ‘B’, a dentist. But the set was not fit for ‘A’s mouth. ‘A’ rejected the set of teeth and claimed the refund of price. It was held that ‘A’ was entitled to do so as the only purpose for which he wanted the set of teeth was not fulfilled.
Example 2: ‘A’ went to‘B’s shop and asked for a ‘Merrit’ sewing machine.‘B’ gave‘A’ the same and‘A’ paid the price.‘A’ relied on the trade name of the machine rather than on the skill and judgement of the seller ‘B’. In this case, there is no implied condition as to fitness of the machine for buyer’s particular purpose.
As a general rule, it is the duty of the buyer to examine the goods thoroughly before he buys them in order to satisfy himself that the goods will be suitable for his purpose for which he is buying them. This is known as rule of caveat emptor which means “Let the buyer beware”.
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