Implied fitness for particular purpose and merchantable quality safeguards govern seller liability when buyer relies on seller's skill. Where a buyer makes known a particular purpose and relies on the seller's skill and the goods are of a description the seller supplies, there is an implied condition of reasonable fitness; goods bought by description from a seller who deals in such goods carry an implied condition of merchantable quality, subject to exclusion for defects discoverable on examination. Trade usage may annex warranties, and express terms do not negate inconsistent implied conditions under the Act.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Implied fitness for particular purpose and merchantable quality safeguards govern seller liability when buyer relies on seller's skill.
Where a buyer makes known a particular purpose and relies on the seller's skill and the goods are of a description the seller supplies, there is an implied condition of reasonable fitness; goods bought by description from a seller who deals in such goods carry an implied condition of merchantable quality, subject to exclusion for defects discoverable on examination. Trade usage may annex warranties, and express terms do not negate inconsistent implied conditions under the Act.
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