Conditions and Warranties in a contract of sale of goods have terms regarding the quality, price, mode of payment. Not all the terms are equal in importance. Some of the terms are major and are referred to as conditions while are minor and are referred to as warranties. The breach of conditions may terminate a contract but the breach of warranties may not be so vital.
Express and Implied Conditions
Conditions are express when they are willingly inserted in the contract by the parties and implied when the law presumes their existence in the contract automatically. Unless otherwise agreed the law is co-operated into contract of sale of goods in the following implied conditions;
· The condition in a sale by description. The buyer specifically describes what he wants
· Sample where the buyer gives a sample to the supplier to buy exactly the same
· Sample and description. Uses both sample and description.
· As to fitness or quality. The rule that the buyer should be aware that unless he explains to the seller the purpose for which the goods are required in which cause the buyer will be relying on the seller’s judgment. It will be assumed that the seller is familiar with the goods.
· The condition as to merchantability. The goods should be by market standard be in sale able condition. The condition is implied only where sale is by description. Merchantable quality must be that good must be reasonable under the description by which they are known in the market.
· The right to sell.
Warranties as seen above are not so vital when breached. The following are the rules that govern warranties;
· Warranty of quiet possession is where once you have acquired a good you are entitled to enjoy it without interference.
· Warranty of freedom from encumbrances is where whatever good you have brought, nobody else has lien over those goods.
· Warranty of disclosing of the dangerous nature of goods to the ignorant buyer i.e. pesticides. The seller must inform you of dangers of such goods.
Doctrine of caveat emptor means buyer bewares. Implies that it is the duty of the buyer to be careful while purchasing goods for his requirement and that in the absence of inquiry from the buyer the seller is not compelled to disclose any defect in the goods of which he may be aware.
Conclusion on Conditions and Warranties
As seen above Conditions and Warranties are important in business and one should be able to know the rules that govern them and their conditions.