EXPRESS AND IMPLIED CONDITION AND WARRANTIES

EXPRESS AND IMPLIED CONDITIONS AND WARRANTIES (SECTION 14-17)

‘Conditions’ and ‘Warranties’ may be either express or implied. They are “express” when the terms of the contract expressly state them. They are implied when, not being expressly provided for.

Express conditions are those, which are agreed upon between the parties at the time of contract and are expressly provided in the contract.

The implied conditions, on the other hand, are those, which are presumed by law to be present in the contract. It should be noted that an implied condition may be negated or waived by an express agreement.

Implied Conditions: Following conditions are implied in a contract of sale of goods unless the circumstances of the contract show a diuerent intention.