Under the proviso to section 16(1) of the Sale of Goods Act, 1930, in which case is there no implied…
The section 16(1) proviso excludes the implied particular-purpose fitness condition where a specified article is sold under its patent or trade name. It does not exclude…
Choose your answer
Under the proviso to section 16(1) of the Sale of Goods Act, 1930, in which case is there no implied condition as to fitness for a particular purpose?
Answer and explanation
Correct answer D
The section 16(1) proviso excludes the implied particular-purpose fitness condition where a specified article is sold under its patent or trade name. It does not exclude merchantable quality, trade usage or every express or implied warranty.
Option feedback
Option A
Express disclosure with reliance attracts fitness when the remaining section 16(1) conditions are satisfied.
Option B
Implied disclosure with reliance can equally attract the fitness condition.
Option C
Buying by description may carry merchantable-quality protection, not the trade-name exclusion.
Option D
The proviso expressly excludes an implied particular-purpose fitness condition for a specified article sold under its patent or trade name.
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