Question

1. Seller agrees to deliver to buyer certain carpet. The written contract calls for “1,000 square yards of carpeting, strands to be one-half inch long and twisted, 400 strands per square inch, made from our nylon-wool blend, color navy blue.” The contract, at the bottom, contained the following clause: “This contract contains no warranties, either express or implied.” When the carpeting is delivered, the strands are only three-eighths inch long, are not twisted, and there are only 350 strands per square inch. The buyer sues the seller for breach of express and implied warranties. Discuss the buyer’s contentions and the seller’s response

Answer 1

• Every contract has conditions and warranties which are either expressed or implied under the Sale of Goods Act.
• In the contract given the question, the expressed condition is the description of carpet.
• The implied condition involves the fact that the sale of goods must correspond with their description given.
• The buyer will not accept and pay the price of those products which are not according to their description.
• Hence such goods can either be returned or he can claim for the breach.
• He will sue the seller as condition of quality or fitness of product is violated.
• The seller will say in his defence that since the contract says that “This contract contains no warranties, either express or implied” , he is not liable for anything.