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 What is Law Chart Book

Contents of Law Chart Book are notings done in class while teaching

This Chart Book will

Make Law Simple

Help Retaining Law on tips

Language is Exactly as per ICAI Study Material for Best Results

in CA Foundation Exams

HAPPY LEARNING

CA Anshal Jain
98275 00045
 Condition Warranty
120 section 1213
secjn
Condition Stipulation
Id is stipulation Id
Is
Warranty

to toclaim damages ONLY

Rightto treat contract as
f butnot right to RejectGoodsand
treat contractas Repudiated Express
Warranties
Express Implied
whether stipulation is condition or Warranty Expresitagueed
Conditions
condition Implied
betweenparties

depends
upon facts Circumstances warranties
of
or 4
Construction
of contract
 Implied Conditions

Condition as toQuality fitness Sale by Sample

Ordinarily there is noImpliedcondition as dualityfitness

ofGoods sold any particular case Bulksoody shall correspondwith
sample induality

L supp
P dsnafofeihnreafhbigofpf.fipose.tn
p
Buyer has Reasonable opportunity

Bulk soodm with sample

of
following condition are satisfied Comparing

3 Goods shall be free fromdefect

0 Buyer has made known to seller the Rendering them Unmenchantable
Particular Goodsare Reanimed
whichwould not beApparent
Purpose
for which on Reasonable Examination
ofGoods

0 Buyer should Rely on skill and Judgement of this Gondwit beonlydis.fi 9andontinanydeficminano
ed
Seller

0 Goods mustbe of description dealt in by seller If defects are hidden then buyer can AvoidContra
whether Manufacturer
or not
Salebysampleand Description Sale by Description
desimirh
When there is contractof saleofGoods by
When Goods sold
by sample as well asby
description

the Implied Conditiony

there is Implied condition
descair
Goods shall correspond with
that Bulk50WashingMachines shall correspond with
both sample as description
well as Peas You CannotCome
If you contract to sell
beans
Description
buyer to take
JPBulk does not correspond with sample a
thecontract not
Buyer Can Repudiate
Buyer is neat bound to Accept
description
Payforgood
Condition as to wholesomeness

Condition as to title
In Case
of Eatables

Provision In Every Contract ofsale Unless there is Agreeme

to contrary2
Goods shall be
Goods shall be
Wholesome
Merchantable
gnEaseofsale In case of Agreement
fit foreating ofGoods to sell
Kight
hats
hehas to sell
he Right
to sale Goodswhen Property Pass
Condition as to Merchatability What is Merchantable
Quality

Where Goods are brought by description Goods that a

From seller who deals in Goods of that
are of such duality
description Whether Manufacturer or not Goods are in suchcondition
film
Omidinary

there condition
is Implied would accept them
that Goods shall be of as Goods
by
Mershantable Quality description

Two Requirements

Examined the
Goods should description JP Buyer has
by Goods
and 2
there shall be no Implied
Seller should be dealer of Goods condition as Regard to
defects

which ought
Elam
by description
 Implied Warranties

Warranty as to Non Existence

bfffifan.es
Disclosure Dangerous Nature
of Goods
An Implied Warranty that Goods shall be freefrom
here dangerous in nature in favour of third party

Buyer
Goodsye

is Ignorantofdanger
me by
ProbableDanger
IfL notdeclaredknown to
any time Property
buyer beforeat
sopasses
of
Possession
as to
Warranty
Undisturbed

Goods
Warranty as to Quality fitness by
If the buyer having
Possession
gotdisturbed of
Possession
is later on in
Usage of Trade

An Implied Warranty as to he is entitled to sue seller for breach

Quality May be annexed Attached of warranty

Fitness
by Usage ofTrade
 Caveat Emptor

Introduction

Exceptions
Let the buyerbe
aware 3 Conditions

condition 1
JPBuyerMade known to 1 Implied
Rule Seller purpose of Purchase
5Implied
Warranties

Condition 2
Provision
subjected to of Conditions
Buyer Relied on sellers Already
this act on any lawtime 2pf.gg
Skilland Judgement Learnt
being in force Already
Previous'd
learnt
I
Condition 3
there is no ImpliedCondition Previously
seller business is tosupply
as to Quality fitness
forany Goods
of that description
Particular Purpose
Setter
Actively Conceals a defectcoal is Guilty offraud
when condition to be treated
as Warranty
Where seller sell Goods by Making Some
Misrepresentation fraud Buyer altogether waive performance
of condition
Buyer Relies on it A Party of own benefit waive a stipulation

COR

When Seller Actively Conceals defect in Goods

buyer on Where Buyer Elects to treat Breach ofConditio
so that it cannot be by
discovered

Reasonable Examination As Breath of warranty

Rule ofcaveat Emptor will notapply

non severable
Goods purchased under Brand Name where contrast is
Patent Name WholeGoods
Buyer has Accepted either
under Part thereof
In Case where Goods are purchased

its Patent Name Brand Name

Condition Warranty
there is No Implied Condition thatthe
Where fulfillment of any
Excused
bylaw
Goods shall be fit for Purpose
Impossibling
by
Reason
of
otherwise