Warranty Clauses: Exclusion of Implied Conditions and Warranties

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Abstract

The law of sale of goods gives the buyer the valuable rights of implied conditions to terminate the contract if the supplied goods are not in conformity with the description, not of merchantable quality or not fit for the stated purpose. The parties, however, are free to oust the implied conditions by exclusion clauses. As the exclusion clauses take away valuable rights, the courts have interpreted them strictly. The courts have insisted that the word “condition” need not necessarily be used but apt and precise words must be used to make the intention to oust the implied condition sufficiently clear.

Additional Information

Product Type Technical Note
Reference No. STR0460TEC
Title Warranty Clauses: Exclusion of Implied Conditions and Warranties
Pages 8
Published on Mar 17, 2021
Authors Pathak, Akhileshwar;
Area Strategy (STR)
Learning Objective Implied Conditions and Warranties Ousting of Implied Conditions and Warranties Interpretation of Exclusion Clauses
Keywords Sale of goods; Exclusion Clauses; Implied Condition
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