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Conditions and Warranties
By Bharat Galani MeraSkill.com Š MeraSkill
Conditions and Warranties
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Index Stipulation: Conditions & Warranty Expressed Conditions & Warranty Implied Conditions Implied Warranty Condition becomes Warranty Caveat Emptor
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Stipulation Terms of purchase are stipulation of contract Two Types: 1. Conditions - Essential to Main contract (Major) 2. Warranty - Collateral to Main contract (Minor) Ex- Car Feature vs Car Mileage
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Conditions vs Warranty
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Express & Implied Express- Agreed upon at the time of contract
Implied - Presumed to be present by law
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Implied Condition 1.Condition as to Title 2.Sale by Sample 3.Sale by Description 4.Sale by Both sample as well as description 5.Condition as to Merchantable Quality 6.Condition as to Wholesomeness 7.Condition as to quality or Fitness for Particular purpose Š MeraSkill
Condition as to Title Existing Goods- Has Right to sell Future Goods- Will have Right to sell Remedies- Return goods & recover price
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Sale by Sample i) Bulk as per sample, bulk should corresspond to sample
ii) Buyer should get opportunity to compare iii)No Latent Defect :Free from defects which makes product unsalable, such defects could not be discovered by ordinary examination.
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Sale by Description Should be as per description Goods should corresspond to description
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