Sale of Goods Act 1930

Conditions and Warranties

Anika Rafah
Lecturer
North South University
 Conditions
• A requirement or event that should be performed before the
completion of another action, is known as Condition.
• It is directly associated with the objective of the contract.
• Kinds of conditions:
 Express condition: a condition that has been expressly provided
for agreed upon by both the parties at the time of the contract of
sale
 Implied condition: conditions are said to be implied when the law
incorporates their existence as implicit to a contract of sale unless
otherwise agreed upon between parties .
Cont…
• Both parties shall be bound by implied conditions unless they
are excluded by an express agreement between them Implied
conditions are of following seven types:-
1)condition as to title
2)condition as to description
3)condition as to sample
4)condition as to sample as well as description
5)condition as to quality or fitness
6)condition as to merchantability
7)condition as to wholesomeness
 Warranties
• A warranty is an assurance given by the seller to the buyer about
the state of the product, that the prescribed facts are genuine.
• It is a subsidiary provision related to the object of the contract.
• kinds of warranties
a)Express warranties: a warranty is said to be express when the
term of the contract expressly provides for it. At the time of
contract of sale, both the parties may agree upon any number of
express warranties.
b)Implied warranties: an implied warranty is one which the law
incorporates into a contract of sale. Even when no express
representations have been made in connection with a contract of
sale, the law implies certain representations as having been made
by the parties while entering into the contract .
Cont…

• A warranty can be for the lifetime or a limited period. It may

be either expressed, i.e., which is specifically defined or
implied, which is not explicitly provided but arises according
to the nature of sale like:
 Warranty related to undisturbed possession of the buyer.
 The warranty that the goods are free of any charge.
 Disclosure of harmful nature of goods.
 Warranty as to quality and fitness
Differences
 Doctrine of caveat emptor:
 It is a latin expression that means caution buyer i.e ‘let the buyer
beware’ the buyer alone is responsible for checking the quality
and suitability of goods before a purchase is made.
 So, the buyer must examine goods thoroughly.
 However, there are certain exceptions to this rule.
 Doctrine of caveat venditor:
 It means ‘let the seller beware’. the seller shall be under an
obligation to inform the buyer of any defeat in the goods sold at
the time of the contract ,except in a case where the defeat is
obviously known to the buyer .
 This force the seller to take responsibility for the product and
discourages sellers from vending products of unreasonable
quality or of dangerous nature.