Sale of Goods Act, 1930

Section 16

Implied undertakings as to quality or fitness

⚡ Quick Answer Reference: Section 16 Sale of Goods Act, 1930

Provision: Section 16 of Sale of Goods Act, 1930
Act: Sale of Goods Act, 1930
Classification: commercial
Jurisdiction: India

Statutory Content

What does Section 16 of Sale of Goods Act, 1930 say?

Section 16 of the Sale of Goods Act, 1930, provides that if a contract of sale is by sample, there is an implied undertaking by the seller that the goods will be of the same quality as the sample. The section further provides that if the goods are not of the same quality as the sample, the buyer may reject the goods. The Supreme Court of India has held that if a contract of sale is by sample, the seller is bound to supply goods that are of the same quality as the sample, and if he fails to do so, the buyer is entitled to terminate the contract (State of Madras v. M. & M. Asbestos Products, (1964) 2 SCR 703).

Indian StandardSection 16, Sale of Goods Act, 1930

Bluebook (21st ed.)Sale of Goods Act, 1930, § 16 (India)

Court Pleading StandardSection 16 of the Sale of Goods Act, 1930

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

Common Questions about Section 16 Sale of Goods Act, 1930

What is Section 16 of Sale of Goods Act, 1930?

Section 16 of the Sale of Goods Act, 1930 (Sale of Goods Act, 1930) defines and regulates "Implied undertakings as to quality or fitness". The section states: Section 16 of the Sale of Goods Act, 1930, provides that if a contract of sale is by sample, there is an implied undertaking by the seller that the goods will be of the same qualit...

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