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CSEET · Business Laws and Management · Elements of Law relating to Sale of Goods

Match the provisions in Column A with their effect in Column B under the Sale of Goods Act, 1930. Column A: (a) Express warranty or condition; (b) Usage of trade; (c) Section 16(1) proviso. Column B: (1) Does not negative an implied term unless inconsistent with it; (2) No implied condition of fitness for a specified article sold under trade name; (3) May annex an implied warranty or condition as to quality or fitness.

The correct match is (a)-1, (b)-3, (c)-2. An express term does not negative an implied one unless inconsistent; usage of trade may annex implied quality or fitness terms; and the proviso excludes implied fitness where a specified article is sold under its trade name.

  1. A(a)-1, (b)-3, (c)-2Correct
  2. B(a)-3, (b)-1, (c)-2
  3. C(a)-2, (b)-3, (c)-1
  4. D(a)-1, (b)-2, (c)-3

Explanation

Section 16(4) says an express warranty or condition does not negative an implied one unless inconsistent, so (a) matches 1. Section 16(3) lets usage of trade annex implied warranties or conditions, so (b) matches 3. The proviso to Section 16(1) removes implied fitness for trade-name specified articles, so (c) matches 2.

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