ABSTRACT

Name: Kalyan Ginka

Roll: 19LLB070
Sem: 2 & Sec: B
Sub: Law of Contracts
Topic: ‘Implied Condition’
Conditions & warranties may either be express or implied. Contract law of implied condition
presume the certain conditions of the contract exist, even if it isn’t clearly stated, and also that
both the parties understand that these conditions exist before entering into the contract.
Implied conditions are those conditions which are presumed by law to be present in contract
though they haven’t been put it in the expressed words. Section 12 of ‘The Sale of Goods
Act, 1930’ describes condition as the basis for the contract and says that any breach may
result in a voided contract. The consequences of the breach will depend on the nature of the
contract and the promises that are given. Implied conditions are dealt in the Sections 14 to 17 of
the ‘Sale of Goods Act, 1930’. Condition as to title, sale by description, the sale by sample, sale
by description, condition as to quality or fitness, the condition as to merchantability, condition as
to wholesomeness are the conditions that are implied in a contract of sale of goods unless the
circumstances of the contract show another intention. In this project I would like to explain the
complete concept of implied conditions in contract law with the help of cases.