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Conditions and warranties in a sale of goods sheet
Essay frame

Explain the implied conditions and warranties under the Sale of Goods Ordinance.

How to lay out the answer. Follow the frame, then write it in your own words.

  1. 1 · Open in two lines. The Ordinance reads certain terms into every sale unless excluded. Breach of a condition allows rejection; breach of a warranty gives damages.
  2. 2 · Define condition and warranty. Condition: essential to the main purpose. Warranty: collateral. Depends on the contract as a whole.
  3. 3 · Implied conditions.
    • Title: right to sell.
    • Description; sample; description and sample.
    • Merchantable quality and fitness for purpose (Grant v Australian Knitting Mills).
  4. 4 · Implied warranties. Quiet possession; freedom from encumbrances; trade usage.
  5. 5 · Caveat emptor and exceptions. General rule, then fitness, merchantable quality, sample, trade usage, fraud.
  6. 6 · Remedies. Reject plus damages for a condition; damages only for a warranty.
  7. 7 · In Sri Lankan business. A cinnamon shipment below the 'Alba' grade described breaks the condition of description.
  8. 8 · Close in one line. Implied terms protect buyers where caveat emptor would otherwise leave them exposed.

Scoring tip: Learn the five conditions as T-D-S-M-F and give one everyday example for each.