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Condition as to merchantability

 Condition as to merchantability: This condition is applicable

only when the sale is by description. The goods should correspond with description. Sec-15 Lays down another implied condition that the goods should be ‘merchantable quality’ and it should satisfy following conditions:

(a) The seller should be a dealer in goods of that description, whether he be a manufacturer or not

(b) The buyer must not have any opportunity of examining the goods or there must be some latent defect in the goods, which should be apparent on reasonable examination.

The term ‘merchantable quality’ means that the goods are such quality and in such condition that a reasonable man, acting reasonably, would accept them under the circumstances of the case in performance of his offer to buy those goods, whether he buys them for his own use or to sell.

Condition as to wholesomeness. This condition is implied only in a contract of sale of eatables and provisions. In such cases the goods supplied must not only answer to description and be merchantable but must also be wholesome, i.e., free from any defect which render them unfit for human consumption.







Example

(b) The plaintiff bought a bun at a baker’s and confectioner’s ship. The bun contained a stone which broke one of the plaintiff’s teeth. Held, the seller was liable in damages because he violated the condition of wholesomeness (Chaproniere vs Mason).

(c) W bought a bottle of beer from H, a dealer in wines. The beer was contaminated with arsenic. W, on taking the beer, feel ill. H was held liable to W for the consequent illness (Wren vs Halt ).



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