Sales of Goods Act- Warranties and Implied Warranties

Introduction

We have seen what is warranties and condition in this article. Warranties are not essentials but such stipulations breach of which give rise buyer to seek damages. If you buy a fan, it is working fine, but it produces some noise which is bearable. Now this is some kind of defect for which you cannot repudiate the contract.

You can mention whatever you want in your contract as to warranties. For example you want to buy some desktops, you can give definite description of whatever you want, and also mention if this and this thing is breached it will be treated as breach of warranties.


Apart from express warranties, Sales of Goods act provide certain implied warranties, in absence of any express contract.  these are as below

Implied Warranties

Warranty of quiet possession (Sec -14(b))

It mean, after delivery , nobody should disturb the buyer. Buyer should able to enjoy the property without any disturbances. For example you buy a car from Mr Mallya, then Bank which have granted loan to Mr Mallya should not come to you saying "Mr XYZ, give us back the car, Mr Mallya owes a loan, and purchased a car on EMI"!

If there are any disturbances, then you can go to Mr Mallya and seek compensation.

Warranty against Encumbrances (Sec -14(c))

Encumbrances are some sort of charge, some sort of restriction in the usage of property. Say Mr Mallya (again :D) buys a car on EMI and Loan, and bank have a charge on a car. If such car is sold to you buy Mallay, this would be breach of implied warranty which would grant you free enjoyment of a car.





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