Sale of Goods Act, 1930

Section 18

Implied undertaking as to quality or fitness in cases of sales by description or by sample

⚡ Quick Answer Reference: Section 18 Sale of Goods Act, 1930

Provision: Section 18 of Sale of Goods Act, 1930
Act: Sale of Goods Act, 1930
Classification: commercial
Jurisdiction: India

Statutory Content

What does Section 18 of Sale of Goods Act, 1930 say?

Section 18 of the Sale of Goods Act, 1930, provides that if a contract of sale is by description or by sample, there is an implied undertaking by the seller that the goods will be of merchantable quality, and that they will be fit for the purpose for which they are sold. The section further provides that if the goods are not of merchantable quality, or if they are not fit for the purpose for which they are sold, the buyer may reject the goods. The Supreme Court of India has held that if a contract of sale is by description or by sample, the seller is bound to supply goods that are of merchantable quality, and that are fit for the purpose for which they are sold (Kumaraswami Sastri v. Krishnaswami Sastri, (1961) 2 SCR 645).

Indian StandardSection 18, Sale of Goods Act, 1930

Bluebook (21st ed.)Sale of Goods Act, 1930, § 18 (India)

Court Pleading StandardSection 18 of the Sale of Goods Act, 1930

Canonical Web linkhttps://nyaya.cloud/acts/sale-of-goods-act-1930/18

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

<iframe src="https://nyaya.cloud/api/widget/section?act=sale-of-goods-act-1930&sec=18" width="100%" height="250" style="border:none; border-radius:8px;"></iframe>

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

Common Questions about Section 18 Sale of Goods Act, 1930

What is Section 18 of Sale of Goods Act, 1930?

Section 18 of the Sale of Goods Act, 1930 (Sale of Goods Act, 1930) defines and regulates "Implied undertaking as to quality or fitness in cases of sales by description or by sample". The section states: Section 18 of the Sale of Goods Act, 1930, provides that if a contract of sale is by description or by sample, there is an implied undertaking by the seller that the goods will be ...

Landmark Case Laws