Description, Merchantability and Usefulness of Goods
摘要
The common law courts developed the principle that in a sale of goods contract, it is implied that the seller will supply goods which are in conformity with the description, of a merchantable quality and useful for the stated person. These came to be termed as implied conditions for whose breach, the buyer could terminate the contract. The implied conditions got codified in the Sale of Goods Act, 1983. The reenactment of the law of sale of goods as the Sale of Goods Act, 1979 has expanded the rights and elaborated them. In a sale of goods contract, the General condition of contracts clauses make or should make what is impliedly by law. The clause gets a meaning in the context of the implied conditions. The chapter explores the clauses on description, merchantability and usefulness.