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The goods are not sold under a patent or trade name. When does section 16(1) of the Sale of Goods Act, 1930 imply a condition that they are reasonably fit for the buyer's particular purpose?

Question and options

The goods are not sold under a patent or trade name. When does section 16(1) of the Sale of Goods Act, 1930 imply a condition that they are reasonably fit for the buyer's particular purpose?

  1. The buyer makes the purpose known and relies on the seller's skill, though the seller does not deal in such goods

  2. The buyer makes the purpose known and relies on the seller's skill, and the seller deals in such goods

  3. The buyer examines the goods before buying, and the seller deals in goods of that description

  4. The seller knows the purpose, though the buyer relies on his own judgment, and the seller deals in such goods

Answer and explanation

Correct answer: B - The buyer makes the purpose known and relies on the seller's skill, and the seller deals in such goods

Section 16(1) of the Sale of Goods Act, 1930 implies a condition of reasonable fitness where the buyer makes the particular purpose known so as to show reliance on the seller's skill or judgment, and the goods are of a description the seller supplies in the course of business. Without reliance, or where the seller does not deal in such goods, the condition does not arise; examination by the buyer bears on merchantable quality under section 16(2).

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