The implied provisions in every sale of goods as contained in the sale of goods act of 1893 are conditions and

Assessment: JAMB UTME - Commerce - 2008 Subject: Commerce

Question 1 Report

The implied provisions in every sale of goods as contained in the sale of goods act of 1893 are conditions and

Answer Details
The implied provisions in every sale of goods, as contained in the Sale of Goods Act of 1893, are conditions and warranties. These provisions provide certain rights to buyers and impose certain obligations on sellers in the sale of goods. Conditions are major terms of the contract that are fundamental to the transaction. They are so important that if they are not met, the buyer has the right to reject the goods and terminate the contract. For example, if a buyer orders a red car, but the seller delivers a blue one, the buyer can reject the car because the color was a condition of the contract. Warranties are minor terms of the contract that are not considered essential to the transaction. They are promises made by the seller about the quality, performance, or condition of the goods. If a warranty is breached, the buyer can claim damages but cannot reject the goods. For example, if a seller promises that a car will have a CD player, but it does not, the buyer can claim damages but cannot reject the car because the CD player was a warranty, not a condition. Therefore, the implied provisions of conditions and warranties in the Sale of Goods Act of 1893 provide important protections and obligations for both buyers and sellers in the sale of goods.

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