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A person goes to a chemist and purchases “Complan” as a health drink and finds no improvement in his health despite using the product. In this case –
There has been a breach of warranty of the product
There has been no breach of implied condition of the contract of sale
No compensation can be claimed by the buyer
None of the above
Proviso to Section 16 (1) of Sale of Goods Act – 16. Implied condition as to quality or fitness. Subject to the provisions of this Act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, excepts as follows- (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgement, and the goods are of a description which it is in the course of the seller’s business to supply (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be reasonably fit for such purpose: Provided that, in the case of a contract for the sale of a specified article under its patent or other trade 9name, there is no implied conditions to its fitness for any particular purpose. A person goes to a chemist and purchases “Complan” as a health drink and finds no improvement in his health despite using the product. In this case, no compensation can be claimed by the buyer
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