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.

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