IMPLIED WARRANTIES;

Implied warranties are not expressed They are not discussed at the time of entering into
the contract.THEY ARE imposed by law on buyer and seller even if they r not
discussed.Following are implied warranties in a contract of sales

WARRANTY OF UNDISTURBED(QUIET) possession.possession means right to hold

the goods.It is custody of goods.Undisturbed possession means buyer is assured of
enjoying the quiet possession of goods meaning thereby he will not be disturbed.He can
peacefully hold the goods.if there is breach or the buyer is disturbed.he can claim the
damages.IN other words if the buyer is disturbed in anyway in the enjoyment of
possession by third person due to the reason seller was not entitle to sell the goods
meaning his tittle was defective.he can claim the damages.

IMPLIED WARRANTY AS TO FREEDOM FROM ENCUMBRANCES Encumbrances

means charges.in other words there is an implied warranty that goods are free from any
charge in favour of third party .And it was not declared to the buyer at the time of
entering into the contract.IF THE BUYER IS AWARE of the charge in favour of third
party. He cannot take action against the seller.but if his possession is disturbed in any
way because of the any charge or encumbrances in favour of third party.He shall have
aright to claim the damages for breach of warranty

WARRANTY AS TO QUALITY OR FITNESS BY USAGE OF TRADE; THERE is an

implied warranty that the goods r fit for particular purpose may be annexed by the usage
of trade

WARRANTY TO DISCLOSE THE DANGEROUS NATURE OF GOODS: WHERE the

goods are of dangerous nature, it is the duty of seller to disclose this nature of goods
toANS" the buyer.if the seller fails to do so buyer is entitled to claim the damages from
the seller

E.g.A bought a tin of powder from B.B KNOWS that the powder is disinfectant but he did
not disclose this to A.WHEN A opened the tin this powder flew into his eyes and were
injured'.A WAS entitled to claim damages from B ;

DOCTRINE OF CAVEAT EMPTOR: MEANS "let the buyer me aware".here caveat

means aware and caveat means buyer.it means buyers must satisfy themselves before
deciding to buy.they must be extra careful before deciding to buy.if the goods turn out to
be defective, he cannot blame the seller.again seller is not bound to disclose the defects
which can be known on the reasonable examination of goods

EXCEPTIONS:

QUALITY OR FITNESS FOR A BUYER PURPOSE: WHERE the buyer has expressly or
impliedly made known to the seller the purpose for which he needs the goods AND HE
DEPends on sellers skill or judgement.and depend on seller.It is the duty of the seller to
supply the goods which serve his purpose.

SALE UNDER PATENT OR TRADE NAME;

WHER GOODS R SOLD UNDER PATENT OR TRADE NAME: There is e implied

condition that the goods shall fit for the purpose which its trade mark or patent specifies.
HERE DOCTRINE OF CVEAT EMPTOR DOES NOT APPLYl

MERCHANTABLE QUALITY:WHER GOODS R SOLD BY description from seller and the

seller deal in the goods of that description there is an implied condition that goods shall
be of merchantable quality

USAGE OF TRADE:AN IMPLIED WARRANTY as to quality or fitness for a particular

purpose may be annexed by usage of trade and the seller deviate from that doctrine of
caveat emotor does not apply

CONSENT BY FRAUD:it is not the duty of seller to disclose the defects in goods if there
is latent defects in the goods which can not be known on examining the goods hence
seller obtain the consent of buyer, the doctrine of caveat emptor does not apply.