Section 28 Sale of Goods Act, 1930 Explained: Exclusion of implied terms and conditions | Nyaya

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What does Section 28 of Sale of Goods Act, 1930 say?

Section 28 of the Sale of Goods Act, 1930, provides: 'Subject to the provisions of section 55, where a right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract'. This section allows for the exclusion or modification of implied terms and conditions through express agreement, course of dealing, or trade usage, offering flexibility in contractual arrangements.

Indian StandardSection 28, Sale of Goods Act, 1930

Bluebook (21st ed.)Sale of Goods Act, 1930, § 28 (India)

Court Pleading StandardSection 28 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 28 Sale of Goods Act, 1930

What is Section 28 of Sale of Goods Act, 1930?

Section 28 of the Sale of Goods Act, 1930 (Sale of Goods Act, 1930) defines and regulates "Exclusion of implied terms and conditions". The section states: Section 28 of the Sale of Goods Act, 1930, provides: 'Subject to the provisions of section 55, where a right, duty or liability would arise under a contract of sale by implication ...

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