Subscribe:

Ads 468x60px

What are the Implied Warranties in Sale of goods Act

Implied Warranties

Unless otherwise agreed, the law in-corporate following Implied Warranties

1. Warranty of quite possession: Sec –14 (b), the first implied warranty on the part of the seller is that “the buyer shall have and enjoy quite possession of goods.” If the buyer is in anyway disturbed by a person having a superior right than that of the seller, the buyer can claim damages from the seller. Since disturbances of quite possession is likely to arise only where the seller’s title of goods is defective, this warranty is regarded as an extension of the implied condition of the title provided in section-14(a)

Example: A buys a typewriter and spent some money for repairs. It turns to be a stolen article. A is entitled to get back what he paid plus repair charges.

2. Warranty of freedom from encumbrances: Sec.-14 (c) Says that ‘the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made’ if goods are afterwards found to be subject to a charge and the buyer has to discharge the same , there is a breach of warranty and the buyer is entitled to damages. If the buyer knows about the encumbrance on the goods at the time of entering into the contract, he becomes bound by the same and he is not entitled to claim compensation from the seller for discharging same.

Example

A pledges a watch with B. Later gets the watch for limited purpose and A sales it to C. B tells C about the pledge. C has to make payment for the pledge amount to B. Here is breach of warranty and C can get compensation from A.

3. Warranty of disclosing the dangerous nature of goods to the ignorant buyer: The third implied warranty on the part of seller is that in case the goods sold are of dangerous nature he will warn the ignorant buyer of the probable danger. If there is a breach of warranty the buyer is entitled to claim damages for injury. The seller is bound to give some warning of the danger in the goods to the buyer.

Example

C. Purchases a tin of disinfectant powder from A. A knows that the lid of the tin is defective and if it is opened without special care it may be dangerous, but tells nothing to C. C opens the tin in the normal ways whereupon the disinfectant powder flies into her eyes and causes injury, A is liable in damages to C as he should have warned C of the probable danger.
Related Posts Plugin for WordPress, Blogger...