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CA Foundation · Business Laws · The Sale of Goods Act, 1930

Mohan buys a branded water purifier from Sharma Appliances after choosing it from a sealed box on display. The box turns out to contain a purifier of a different brand, although it works properly. Which implied condition has been breached?

The implied condition as to sale by description has been breached. When goods are sold by description they must match it, and a purifier of a different brand does not match the branded product that was chosen, even though it functions properly and the seller has good title.

  1. ACondition as to sale by descriptionCorrect
  2. BCondition as to fitness for a particular purpose
  3. CCondition as to merchantable quality
  4. DCondition as to title

Explanation

Where goods are sold by description, they must correspond with that description. Here the buyer chose a branded product, but the goods delivered are of another brand, so the sale-by-description condition is breached. Fitness and quality are not the issue because the purifier works properly, and title is not in doubt.

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