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The implied condition of merchantable quality under the Sale of Goods Act, 1930 means that goods sold must be:a.Fit for the buyer's purposeb.Of satisfactory qualityc.Free from encumbrancesd.Conforming to the descriptionClear my choice

Question

The implied condition of merchantable quality under the Sale of Goods Act, 1930 means that goods sold must be:a.Fit for the buyer's purposeb.Of satisfactory qualityc.Free from encumbrancesd.Conforming to the descriptionClear my choice

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Solution

The implied condition of merchantable quality under the Sale of Goods Act, 1930 means that the goods sold must be of satisfactory quality. This means that the goods should be able to fulfill the basic expectations of a customer, considering the way they are described or packaged, their price, and any other relevant circumstances. The goods should not have any defects or issues that would prevent them from being used in a normal and expected way.

Here's a step-by-step breakdown:

  1. The Sale of Goods Act, 1930 is a law that governs the sale of goods. It includes several implied conditions that sellers are expected to meet.

  2. One of these implied conditions is the condition of merchantable quality. This condition is not explicitly stated in the contract of sale, but it is assumed to be there.

  3. The condition of merchantable quality means that the goods sold must be of satisfactory quality. They should be fit for the purpose they are generally used for, and they should meet the standards that a reasonable person would consider acceptable, given the way the goods are described, their price, and any other relevant circumstances.

  4. This condition does not mean that the goods must be perfect. However, they should not have any defects or issues that would prevent them from being used in a normal and expected way.

  5. If the goods do not meet the condition of merchantable quality, the buyer may have the right to return them, get a refund, or seek damages.

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The Sale of Goods Act, 1930 provides a right for the buyer to reject goods within a reasonable time if they are:a.Not delivered on timeb.Not of satisfactory qualityc.Not fit for the buyer's purposed.Not conforming to the sample provided

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Which of the following is NOT an essential element of a contract of sale under the Sale of Goods Act, 1930?a.Offer and acceptanceb.Intention to create legal relationsc.Considerationd.Consent through coercion

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Unless the parties agree otherwise, business-to-business contracts contain all but which one of the following implied terms?The goods are of merchantable quality or reasonably fit for a purpose specified by the purchaser.The goods are not subject to any claims by others, such as liens.The purchaser has a right to purchase the goods.The goods correspond accurately to a description or sample.

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