Exclusion of Implied Conditions: Sale of Goods
摘要
Contracts are voluntarily made and the parties are free to set their own terms. The law of sale of goods vests implied conditions in the buyer but alongside, recognises the right of the contracting parties to oust them by express terms. In a sale of goods contract, where the seller is stronger, the contract excludes the rights of the buyer to terminate the contract on the grounds of the implied conditions of description, merchantability and usefulness. This is done through a warranty clause, where the clause would oust the rights and give limited warranty of repairing the goods for a limited period. The chapter explores the requirement that is put on the exclusion clauses to succeed in ousting the rights given by common law.