BUSINESS LAW - SALE OF GOODS ACT : IMPLIED CONDITIONS & WARRANTIES.

Implied conditions and Warranties In a Sale Of goods Act Cap 31 Laws Of Kenya.

Implied conditions.

1.Conditions as To Title.

In every sale of goods , there is an implied condition on the part of the seller that they have the right to sell the goods , and that the buyer will have and enjoy quite possession of the goods without any disturbance in the title.

2.Condition as to Description.

This condition ensures that the goods match the description if the goods are sold by description.

3.Condition as to merchandisable Quality or Fitness for purpose.

Goods are fit for ordinary purposes for which goods are used and are reasonably fit for any particular purpose that the buyer made known to the seller.

4.Conditions as to Quality or Fitness for Sample.

If the goods are sold by sample i.e the buyer has seen the sample of the goods ,there is an implied condition that the bulk of the goods will correspond with the sample in quality and fitness.

Implied Warranties

1.Warranty of quiet Possession.

In every contract of sale,there is an implied warranty that the buyer shall have and enjoy quiet possession of goods, except in cases where the seller discloses any adverse claim to the goods at the time of sale.

2.Warranty of Free from Encumbrances.

There is an implied warranty that the goods sold shall be free from any charge or encumbrance in favor of any third party , not declared or known to the buyer before or at the time when contract is made.

#humanresourcemanagement#businesslaw#saleofgoodscontractcap31

#BRENDALUOCH.

Comments

Understanding Constructive Dismissal: Why Workplace Behavior Matters More Than Termination Letters

Constructive dismissal is what happens when an employee is pushed out of a job without being officially fired. In simple terms, it occurs when an employer makes the workplace so unfair, hostile, or intolerable that an employee has no real choice but to resign. Even though the employee submits a resignation letter, the law treats the situation as if the employer dismissed them. This concept is often misunderstood by both employers and employees, yet it carries serious legal and financial consequences. Recent Kenyan court decisions have clarified what constructive dismissal looks like in practice and why leadership behavior and workplace systems matter more than intention. What the Courts Mean by Constructive Dismissal Kenyan courts define constructive dismissal as a resignation caused by the employer’s conduct, where that conduct fundamentally breaches the employment contract or destroys the trust between employer and employee. The focus is not on whether the employer said “you are...

STOP! MANAGING PEOPLE.START MANAGING SYSTEMS.

The modern HR function is no longer defined by administration, policies, or manual oversight. Today’s organizations expect HR to design systems that improve efficiency, enhance accountability, and support business performance. At the center of this shift is data. When HR uses data to optimize systems and processes, decision-making becomes objective, predictable, and defensible. Poor performance, inefficiency, and inconsistency are often symptoms of weak systems—not people failure. Strategic HR leadership therefore requires building data-driven processes that guide behavior, improve utilization of resources, and align workforce management with organizational goals. HR’s Strategic Role Has Shifted From Control to System Design Traditional HR relied heavily on supervision, reminders, and enforcement. While necessary, these approaches are reactive and unsustainable. Strategic HR leadership focuses on designing systems that work even in the absence of constant oversight. Well-designed ...

Why Reading Your Employment Contract Is No Longer Optional.

In today’s fast-changing labour market, securing a job offer often comes with excitement and urgency. Many employees sign employment contracts quickly, assuming the terms are standard or trusting verbal assurances from employers. However, an employment contract is a legally binding document that governs your rights, obligations, and exit from employment. In an era of rising labour disputes and strict compliance requirements, failing to read and understand contract clauses can lead to serious financial and legal consequences. This article explores why reading your employment contract is critical, the risks of ignoring its terms, and what Kenyan employment law requires. Your employment contract defines your relationship with your employer from day one to exit. It sets out your role, salary, working hours, leave entitlements, disciplinary procedures, and how termination will be handled. Why Your Employment Contract Matter s Under Kenyan employment law, specifically the Employment Act, 200...

Career Craft Solutions

Search This Blog