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    Question

    Which is not an implied condition?

    A

    Condition as to title

    B

    Condition as to wholesomeness

    C

    Condition as to encumbrances

    D

    Condition as to sale by sample

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    स्रोत : www.toppr.com

    Which of the following is not an implied condition in a contract of sale?a)condition as to title.b)condition as to description.c)condition as to free from encumbrance.d)condition as to sample.Correct answer is option 'C'. Can you explain this answer?

    Sep 21,2022 - Which of the following is not an implied condition in a contract of sale?a)condition as to title.b)condition as to description.c)condition as to free from encumbrance.d)condition as to sample.Correct answer is option 'C'. Can you explain this answer? | EduRev CA Foundation Question is disucussed on EduRev Study Group by 967 CA Foundation Students.

    CA Foundation Question  >  Which of the following is not an implied cond...

    Which of the following is not an implied condition in a contract of sale?

    a)

    condition as to title.

    b)

    condition as to description.

    c)

    condition as to free from encumbrance.

    d)

    condition as to sample.

    Correct answer is option 'C'. Can you explain this answer?

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    Test: The Sale Of Goods Act, 1930- 1

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    Question Description

    Which of the following is not an implied condition in a contract of sale?a)condition as to title.b)condition as to description.c)condition as to free from encumbrance.d)condition as to sample.Correct answer is option 'C'. Can you explain this answer? for CA Foundation 2022 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Which of the following is not an implied condition in a contract of sale?a)condition as to title.b)condition as to description.c)condition as to free from encumbrance.d)condition as to sample.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CA Foundation 2022 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following is not an implied condition in a contract of sale?a)condition as to title.b)condition as to description.c)condition as to free from encumbrance.d)condition as to sample.Correct answer is option 'C'. Can you explain this answer?.

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    स्रोत : edurev.in

    [Solved] Which of the following is not an implied condition in a cont

    Condition, as to free from encumbrances, is not an implied condition in a contract of sale. Express and Implied Conditions / Warranties: A Sale Conditi

    Home Legal Aspects of Business Sale of Goods Act, 1930

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    Which of the following is not an implied condition in a contract of sale?

    This question was previously asked in

    UGC Paper 2: Commerce_17th Oct 2020 Shift 1

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    Condition as to quality or fitness

    Condition as to merchantable quantity

    Condition as to wholesomeness

    Condition as to free from encumbrances

    Answer (Detailed Solution Below)

    Option 4 : Condition as to free from encumbrances

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    Detailed Solution

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    Condition, as to free from encumbrances, is not an implied condition in a contract of sale.Express and Implied Conditions / Warranties: A Sale

    Conditions and warranties may be express or implied.

    Express conditions and warranties are which, are expressly provided in the contract. Implied conditions and warranties are those which are implied by law or custom; these shall prevail in a contract of sale unless the parties agree to the contrary.

    Implied Conditions include:1. Condition As To Quality Or Fitness

    Generally, there is no implied condition as to the quality or fitness of the goods that are sold for a particular purpose. However, the condition as to the reasonable fitness of goods for a particular purpose may be implied on the part of the seller for which the buyer wants them. Following are the conditions to be satisfied:

    a.      If the buyer had made known to the seller the purpose of his purchase

    b.      and the buyer relied on the seller’s skill and judgment, and

    c.       seller’s business to supply goods of that description. [Section 16]

    2. Condition As To Merchantability

    This is implied only where the sale is by description and the goods should be of ‘merchantable quality’ i.e. the goods must be such as are reasonably saleable under the description by which they are known in the market. [Section 16(2)]

    3. Conditions as To Wholesomeness

    In the case of eatables and provisions, there is another implied condition that the goods shall be wholesome, in addition to the implied condition as to merchantability.

    Implied Warranties include:1. Implied Warranty of Freedom from Encumbrances

    The buyer is entitled to a further warranty that the goods shall be free from any charge or encumbrance in favor of any third party not declared or known to the buyer before or at the time when the contract is made.

    If the buyer is required to discharge the amount of the encumbrance it shall be a breach of this warranty and the buyer shall be entitled to damages for the same.

    Therefore, from the above explanation, we can conclude that Condition, as to free from encumbrances, is not an implied condition in a contract of sale.

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    More Sale of Goods Act, 1930 Questions

    Q1. Which of the following is not an implied condition in a contract of sale?Q2. Meaning of unpaid seller isQ3. Which of the following are true about conditions according to the Sale of Goods Act? a) Title b) Description c) Quite possession d) Encumbrances Choose the correct answer from the following optionsQ4. Which of the following is the odd one out? 1. Specific goods 2. Un-ascertained goods 3. Future goods 4. Ascertained goods

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