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

Meera orders a refrigerator from a dealer by asking for it under its registered trade name, 'FrostKing Model X', a specified article. The refrigerator proves unsuitable for her special need of storing medicines at sub-zero temperature, which she never mentioned. Which statement is correct under the Sale of Goods Act, 1930?

There is no implied condition as to fitness for a particular purpose. Under the proviso to Section 16(1), where a specified article is sold under its patent or other trade name, the implied condition of fitness does not apply, so Meera cannot rely on it.

  1. AThere is an implied condition of fitness for any particular purpose, since the dealer sells refrigerators
  2. BThere is no implied condition as to fitness for any particular purpose, as a specified article was sold under its trade nameCorrect
  3. CThe sale is void because the purpose was not stated in writing
  4. DThe dealer is bound by an implied condition that the goods are fit for every purpose

Explanation

The proviso to Section 16(1) says that in a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to fitness for any particular purpose. Option A ignores this proviso. The Act does not require the contract to be in writing, so option C is wrong.

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