A contract of sale of goods is that which contains various term or stipulation about the quality of goods, price and mode of its payment, delivery of goods and its time and place. This is also know as the condition of the contract. It can be also defined as a promise or statement of fact, which is an essential term of the contract. Condition can be defined as : “ A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as a repudiated.” For example : Ramesh is a tour manager. He asks a car dealer to suggest a car which is suitable for touring purpose. The dealer suggest a particular car, and Ramesh purchase it from him. Later, however, Ramesh finds the car …show more content…
Condition in sale by description : In the sale of goods act, where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. The sale of description shall include the following condition : a. Where the buyer has not seen the goods and buys it, on relying the seller by the description given by the seller. b. Where the buyer has seen the goods but he relies not on what he has seen but what was stated to him and the deviation of the goods from the description is not apparent. c. Packing of the goods may sometimes be the part of description. Where the goods do not conform the method of packing described by the buyer or the seller in the contract, the buyer can reject the goods also. Example : A bought a machine from B who claimed it to be only six month old. However, after using it, A finds it out that the machine is extremely old. Thus A has the right to reject the machine as the description of the machine which does not match that one provided by the …show more content…
• The buyer relies on the seller's skill or judgment. • The goods are of a description which the sellers ordinarily supplies in the course of the business. • The goods supplied are not reasonably fit for the buyer's purpose. Example : If the person has purchase the hot water bottle from a shopkeeper. However the bottle breaks when you pour the hot water into it. In this case, the shopkeeper is liable to refund the price of the bottle purchase because the bottle was unfit for the purpose for which it was purchased. 4. Condition in a sale by sample : A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied to that effect. Usually, a sale by sample is implied when the sample is shown and the parties intend that the goods should be of the kind and quality as the sample. The implied condition are : • Have reasonable opportunity of comparing the bulk with the sample. • Goods shall be free from any defect. • Shall correspond with the sample in
a time or event when performance must be made, terms and conditions for performance, 5. performance, if the contract is (unilateral).” (Contract Law & Legal Definition 2016) http://definitions.uslegal.com/c/contract-law/
Preconscious need level- the buyers are not fully aware of needs. They generally know what type of product they may need, but choose not to discuss it fully.
This principle is called as "mirror image rule." Significantly, common law counteroffers that would been considered rejections and/or counteroffers are converted into acceptances under the UCC. To the UCC, it recognizes the existence of a contract even if the acceptance contains additional or different terms from those of the offer. This occurs because the acceptance reveals intent to contract that not expressly conditions the original offeror to agree to additional or different
There are no statutory guarantees available at traditional auction using auctioneer if the goods purchased do not fit for the purpose, do not correspond with the description and do not have an acceptable quality. (ACL s 2)
The plaintiff firm of surveyors bought a second-hand Rolls Royce from the defendants which developed serious defects after 2,000. It was held that the firm was acting as a consumer and that to buy in the course of a business 'the buying of cars must form at the very least an integral part of the buyer's business or a necessary incidental thereto'. It was emphasised that only in those circumstances could the buyer be said to be on equal footing with his seller in terms of bargaining strength.
In the case where the customer a wants to purchase a certain shoe but the shoe store does not have her/her size, and the salesperson tries to trick the customer into purchasing a larger shoe, the sales associate lying and deception is morally un...
The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person or a group of persons, or to the world at large.
An example of this could be that you let an insurance man in to sell you services. He legitimately sells you services. The man asks to use your bathroom, he happens to see your diamond ring on your bathroom sink. He steals your jewelry. He legally entered your home but is liable for theft.
Take an example, when we buy groceries in the wet market. As a buyer, we want things that are cheap along the quality. The seller wants to get...
The option of condition is an option whereby both or one parties has the choice either to accept or cancel the contract within a specific period of time. According to the majority of Muslim fuqaha’ and general principle khiyar al-Syart is valid because it reinforces the essential purpose of certainty of contractual commitment. An example of this is when a buyer says to the seller “I bought these goods from you on condition that I have the choice for one day, or three days.” It is includes sale and condition in this contract. Permissibility of khiyar al-Syart is based on the hadith of the Prophet (PBUH):
The express terms , that parties put down in the contract that is in writing and stated in the contract and cannot be ignored .
A contract is an agreement which has its specified terms and conditions between two or more parties in which there is a promise to do something in return for a benefit.
'subject to this Act, when goods are sold by a person who is not their
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
There can be many things that might factor into the want to buy something. There are many steps that a customer takes before actually buying a product.