CA Foundation · Business Laws · The Sale of Goods Act, 1930
Rohan buys a second-hand motorcycle from a dealer, Gupta Motors, after telling the dealer he needs it for carrying milk cans daily on rough village roads. Gupta Motors relies on its own judgment and recommends a particular model, which proves too weak and breaks down within a week. Which implied condition has been breached?
The implied condition as to fitness for a particular purpose has been breached. Rohan disclosed his purpose, relied on the dealer's judgment, and the dealer ordinarily supplies such goods, so the motorcycle had to be reasonably fit for carrying milk cans on rough roads.
- ACondition as to sale by sample
- BCondition as to title
- CCondition as to fitness for a particular purposeCorrect
- DCondition as to sale by description only
Explanation
The buyer made the purpose known and relied on the seller's skill in a business that supplies such goods. This brings in the implied condition that the goods are reasonably fit for that purpose. Title and sample are not involved because no ownership defect or sample is mentioned.
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