A buyer purchases a horse from a dealer who regularly supplies horses. The buyer plans to race the…
The particular-purpose condition in section 16(1) depends on the buyer making the purpose known expressly or by implication in circumstances showing reliance on the seller's…
Choose your answer
A buyer purchases a horse from a dealer who regularly supplies horses. The buyer plans to race the horse but says and does nothing to indicate that plan. Does section 16(1) of the Sale of Goods Act, 1930 imply a condition that the horse is reasonably fit for racing?
Answer and explanation
Correct answer C
The particular-purpose condition in section 16(1) depends on the buyer making the purpose known expressly or by implication in circumstances showing reliance on the seller's skill or judgment.
The buyer did not communicate the racing purpose, so section 16(1) supplies no implied condition of racing fitness on these facts.
The separate merchantable-quality rule in section 16(2) has different requirements.
Option feedback
Option A
A dealer's regular supply of the goods satisfies only one element and does not establish notice of the racing purpose.
Option B
A private intention does not make the particular purpose known to the seller.
Option C
Section 16(1) requires the buyer to make the purpose known expressly or by implication in circumstances showing reliance.
Option D
Section 16(1) can imply fitness when its statutory conditions are satisfied.
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