Question

Difficulty: EasySale of Goods Act: Provisions, Terms, Conditions, and Warranties

Under the Sale of Goods Act, what primary legal remedy is available to a buyer if the seller breaches an implied condition in a contract of sale?

  1. Repudiating the contract and rejecting the goodsAnswer
  2. B
    Claiming monetary damages only while retaining the goods
  3. C
    Forfeiting all legal rights to compensation once goods are delivered
  4. D
    Filing criminal charges against the seller for contract alteration

Answer

Repudiating the contract and rejecting the goods
Under the Sale of Goods Act, a condition is a fundamental obligation going to the very root of the contract. A breach of an implied condition gives the buyer the legal right to treat the contract as repudiated, reject the goods, and recover the purchase price.

Step-by-Step Solution

1
Identify the legal classification of the term breached
The term breached is an implied condition
A condition is a vital term going directly to the root of a contract of sale.
2
Determine the statutory remedy for breach of condition
The buyer can repudiate the contract and reject the goods
Because a condition is vital, breach allows full termination of contractual obligations.

Key Concept

Remedies for breach of implied condition under the Sale of Goods Act
Estimated Time:45s
Rate this question