Section 105 of the Indian Contract Act, 1872, deals with implied warranties in a contract of sale. According to this section, in a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is an implied warranty that the goods shall be of merchantable quality. However, if the buyer has examined the goods, there is no implied warranty as regards defects which such examination ought to have revealed. The implied warranty as to the quality or fitness of the goods for any particular purpose is not applicable if the goods are bought by description and the buyer has not been induced to buy them by any representation as to their quality or fitness for that purpose. The implied warranty may be negatived by the circumstances of the contract, or by custom, or by usage.
Indian Contract Act, 1872
Section 105
Implied warranties
⚡ Quick Answer Reference: Section 105 Contract Act
- Provision: Section 105 of Contract Act
- Act: Indian Contract Act, 1872
- Classification: contract
- Jurisdiction: India
- Summary: When buying goods, there's an implied warranty that they will be of good quality unless the circumstances show otherwise. However, if the buyer has examined the goods, they can't claim defects that should have been found during the examination. This warranty doesn't apply if the goods are bought by description and the buyer wasn't misled about their quality.
What does Section 105 of Contract Act say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 105 of Contract Act mean?
Plain English Explanation
When buying goods, there's an implied warranty that they will be of good quality unless the circumstances show otherwise. However, if the buyer has examined the goods, they can't claim defects that should have been found during the examination. This warranty doesn't apply if the goods are bought by description and the buyer wasn't misled about their quality.
Practical Interpretation
In real-life situations, this section means that buyers have certain expectations about the quality of goods they purchase. Sellers must ensure that the goods meet these expectations, unless the buyer has already inspected them and should have found any defects. This section also clarifies that buyers can't claim defects if they bought goods by description and weren't misled about their quality.
Core Legal Purpose
The core purpose of this section is to establish the implied warranty of merchantable quality in contracts of sale. This warranty ensures that buyers receive goods that meet certain standards of quality, unless the circumstances of the contract indicate otherwise.
- •There is an implied warranty that the goods shall be of merchantable quality.
- •The implied warranty does not apply if the buyer has examined the goods and should have found any defects.
- •The implied warranty does not apply if the goods are bought by description and the buyer was not induced to buy them by any representation as to their quality or fitness for a particular purpose.
- •The implied warranty may be negatived by the circumstances of the contract, or by custom, or by usage.
Practical Example of Section 105 Contract Act
Rajesh bought a car from a dealership, but he had already inspected it before purchasing. Later, he found some defects in the car. However, the dealership argued that Rajesh should have found these defects during his inspection. In this case, the implied warranty of merchantable quality does not apply because Rajesh had already examined the car. This section ensures that buyers are not misled about the quality of goods they purchase.
Frequently Asked Questions about Section 105 Contract Act
Q: What is the punishment or consequence under Section 105 of Indian Contract Act, 1872?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to all contracts of sale, including those between private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment.
Common Questions about Section 105 Contract Act
What is Section 105 of Contract Act?
Section 105 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Implied warranties". In plain terms: When buying goods, there's an implied warranty that they will be of good quality unless the circumstances show otherwise. However, if the buyer has examined the goods, they can't claim defects that should have been found during the examination. This warranty doesn't apply if the goods are bought by description and the buyer wasn't misled about their quality.
What are the elements of Section 105 of Contract Act?
The essential elements of Section 105 of Contract Act are: There is an implied warranty that the goods shall be of merchantable quality.; The implied warranty does not apply if the buyer has examined the goods and should have found any defects.; The implied warranty does not apply if the goods are bought by description and the buyer was not induced to buy them by any representation as to their quality or fitness for a particular purpose..
Landmark Judgments under Section 105 Contract Act
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 105
Ask Nyaya AI About Section 105
Select a pre-configured prompt to run this section through the grounded research engine.