BUY GOODS- SATISFY NEEDS- PRODUCE OTHER GOODSAGREE TO TERMS- SELLER & BUYERTERMS OF SELLER – CONDITIONSTERMS OF BUYER – WARRANTY
SALE OF GOODS FETCHES REVENUECONDITIONS & WARRANTIES DELIVERY OF GOODS PASSING OF PROPERTY EXCEPT J & K
ATLEAST TWO PARTIES CONTRACT OF SALE TRANSFER OF PROPERTY PRICE CONSIDERATIONESSENTIALS OF VALID CONTRACT
ACCORDING TO SEC 12 (2) OF SALE OF GOODS ACT A CONDITION IS A STIPULATIONESSENTIAL TO THE MAIN PURPOSE OF CONTRACT, THE BREACH OF WHICH GIVES RISE TO A RIGHT TO TREAT THE CONTRACT AS REPUDIATED
ACCORDING TO SEC 12 (3) OF SALE OF GOODS ACT A WARRANTY IS ASTIPULATION, COLLATERAL TO THE MAIN PURPOSE OF A CONTRACT, THE BREACH OF WHICH GIVES RISE TO A CLAIM FOR DAMAGES, BUT NOT TO A RIGHT TO REJECT THE GOODS AND TREAT THE CONTRACT AS REPUDIATED
PARTICULAR CONDITION WARRANTYNATURE OF FUNDAMENTAL, SUPPORTIVE,STIPULATION ESSENTIAL FOR MAIN COLLATERAL FOR THE PURPOSE OF CONTRACT CONTRACTCONSEQUENCES THE CONTRACT MAY MAY GIVE RISE TO AOF BREACH BE AVOIDED RIGHT TO CLAIM FOR COMPENSATIONTREATMENT OF BREACH OF BREACH OFSTIPULATION CONDITION CAN BE WARRANTY CANNOT TREATED AS BREACH BE TREATES AS OF WARRANTY BREACH OF CONDITION
Geetha Theatre at Shoranur, Pallakad, Asbestos bought from Coimbatore worth Rs 45,815/- on 16 Nov 1985.Dec 1985, after monsoon Jun 1986.Reps - Problem of ventilation, lime coating.Moved to local court and then to high court.
Bought by Haridas Bhagat (Agent) Oct 85.Reps - Problem of ventilation, lime coating.Inspected by Commissioner 11 Apr 1989, found defective curing of sheets (fissures).QC of company.Order placed and info on tele, made available at short notice.
Caveat emptor (let the buyer beware) Buyer take chance/care Sec 16 – there was an implied warranty as tothe quality of articles sold that it was fit forthe purpose for which it was sold. Judgment 75% compensation incl allexpenses.