EXPRESS AND IMPLIED CONDITION AND WARRANTY
Conditions and warranties may be express or implied.
Express: An express condition or warranty is that which is mentioned in so many words in the contract. An express condition or warranty may be of any kind which the parties may choose to agree upon e.g. an agreement to sell the goods with a condition that:
The buyer shall ncft resell the goods purchased below a certain minimum price.
the delivery of goods shall be taken on or before a certain day.
the goods shall be what is called ‘Philips T.V’.
On the other hand, a contract for the sale of a horse as ‘sound’ is a contract with an express warranty of ‘soundness’.
Implied: Implied conditions or warranties are those which the law or customs of trade consider them to be included in the contract unless the parties agree to the’ contrary. The law presumes the inclusion of such stipulations in the contract on the ground that the parties intended to include the same in their contract but did not do so in clear words. Section 16(4) provides that an express condition or warranty does not negative a condition or warranty implied by law unless inconsistent therewith.
Stipulation as to time-Section 11
Stipulation as a time in a contract of sale may be:
a. Stipulation relating to time of payment, according to section 11, is not deemed to be the essence of the contract, unless it appears from the contract that parties intended that it should be so. Thus, if a buyer fails to pay at the appointed time, the seller cannot treat the contract as repudiated, though he may withhold the delivery until the price is*paid and resell the goods if the buyer does not pay price within a reasonable time.
Consequently, if before the resale the buyer pays the price, even though it may be after the agreed date of payment, the seller is bound to allow the buyer to have the goods.
b. Stipulation relating to time of delivery of goods is the essence of the contract. Thus if a time is specified for delivery of goods, delivery must be made at the specified time, otherwise the other party can repudiate the contract. Thus if A agrees to sell and deliver the goods to B on a certain day, he must deliver them on that day, if he fails to do so B can put an end to the contract.