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

Ravi buys a refrigerator asking specifically for a named brand model by its patent or trade name from a dealer. The refrigerator does not cool adequately for his large family's needs. Which statement is correct under the Sale of Goods Act, 1930?

No implied condition as to fitness for a particular purpose arises. When a specified article is bought under its patent or other trade name, the Act expressly excludes the implied fitness condition, because the buyer is choosing the brand rather than relying on the seller's skill or judgment.

  1. AThere is no implied condition as to fitness for a particular purpose for a specified article sold under its trade nameCorrect
  2. BThere is always an implied condition of fitness because the dealer is in the business
  3. CThe sale is void because the purpose was not stated in writing
  4. DThe buyer can only claim a warranty, never a condition, in such contracts

Explanation

The proviso to the fitness rule 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 B ignores this proviso. Option C is wrong because the Act does not require the purpose to be in writing, and the contract remains valid.

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