CPT Chapter Condition and Warranty
With Bharat Galani.Duration:1hrs 51min
| Conditions & Warranties | Duration (min:sec) |
| {modal https://www.youtube.com/embed/ib6mVFuWUHw?autoplay=1;rel=0|width=780|height=439|title=Overview}Overview{/modal} | 02:47 |
| {modal https://www.youtube.com/embed/oOQZXWQiiNg?autoplay=1;rel=0|width=780|height=439|title=Stipulation to contract}Stipulation to contract{/modal} | 11:46 |
| {modal https://www.youtube.com/embed/n-Oton9diGo?autoplay=1;rel=0|width=780|height=439|title=Condition vs. Warranty}Condition vs. Warranty{/modal} | 09:19 |
| {modal https://www.youtube.com/embed/hd9t3SMrAWk?autoplay=1;rel=0|width=780|height=439|title=Express and Implied }Express and Implied {/modal} | 03:41 |
| {modal https://www.youtube.com/embed/yl-TkJKaMGE?autoplay=1;rel=0|width=780|height=439|title=Implied Conditions}Implied Conditions{/modal} | 30:47 |
| {modal https://www.youtube.com/embed/NWUtIliM-5M?autoplay=1;rel=0|width=780|height=439|title=Implied Warranty}Implied Warranty{/modal} | 19:38 |
| {modal https://www.youtube.com/embed/aHsElU43BpU?autoplay=1;rel=0|width=780|height=439|title=Condition becoming warranty}Condition becoming warranty{/modal} | 06:23 |
| {modal https://www.youtube.com/embed/1i0phQz1v3Y?autoplay=1;rel=0|width=780|height=439|title=Quiz}Quiz{/modal} | 06:27 |
| {modal https://www.youtube.com/embed/YsSjg5D_wdo?autoplay=1;rel=0|width=780|height=439|title=Caveat Emptor}Caveat Emptor{/modal} | 03:37 |
| {modal https://www.youtube.com/embed/iGwYIkr3Zkg?autoplay=1;rel=0|width=780|height=439|title=Exception to Caveat Emptor}Exception to Caveat Emptor{/modal} | 04:57 |
| {modal https://www.youtube.com/embed/hi71Y4MU92I?autoplay=1;rel=0|width=780|height=439|title=Quiz}Quiz{/modal} | 01:22 |
| {modal https://www.youtube.com/embed/Y0JXeWiLUm4?autoplay=1;rel=0|width=780|height=439|title=Final Quiz}Final Quiz{/modal} | 09:38 |
| {modal https://www.youtube.com/embed/cARh50EhwEI?autoplay=1;rel=0|width=780|height=439|title=Conclusion}Conclusion{/modal} | 01:18 |
| Total | 01:51:40 |
Notes
Index
Stipulation: Conditions & Warranty
Expressed Conditions & Warranty
Implied Conditions
Implied Warranty
Condition becomes Warranty
Caveat Emptor
Stipulation
Terms of purchase are stipulation of contract
Two Types:
1. Conditions - Essential to Main contract (Major)
2. Warranty - Collateral to Main contract (Minor)
Ex- Car Feature vs Car Mileage
Express & Implied
Express- Agreed upon at the time of contract
Implied - Presumed to be present by law
Implied Condition
1.Condition as to Title
2.Sale by Sample
3.Sale by Description
4.Sale by Both sample as well as description
5.Condition as to Merchantable Quality
6.Condition as to Wholesomeness
7.Condition as to quality or Fitness for Particular purpose
Condition as to Title
Existing Goods- Has Right to sell
Future Goods- Will have Right to sell
Remedies- Return goods & recover price
Merchantable Quality
quality & condition of goods- man of ordinary prudence
Conditions:-
(a) That the goods are free from latent defects
(b) That the goods are marketable at their full value
(c) That the goods can be used for the purpose for which they are bought by prudent persons
Ex- clock late by 5 mins every hour
Implied Condition
1.Condition as to Title
2.Sale by Sample
3.Sale by Description
4.Sale by Both sample as well as description
5.Condition as to Merchantable Quality
6.Condition as to Wholesomeness
7.Condition as to quality or Fitness for particular purpose
Implied Warranty-
1.Warranty as to undisturbed (quiet) possession
2.Warranty as to non-existence of encumbrances
3.Disclosure of dangerous nature of goods
4.Warranty as to quality or fitness by usage of trade - Ripe
Breach- Suit
Implied Warranty-
1.Warranty as to undisturbed (quiet) possession
2.Warranty as to non-existence of encumbrances
3.Disclosure of dangerous nature of goods
4.Warranty as to quality or fitness by usage of trade - Ripe
Breach of warranty – Suit for damages
Diminution or extinction of price, Refusal to pay the price of goods, Suit for loss exceeding price of good
Quality EDUcation
Condition be treated as warranty-
i. Buyer waives the performance of condition
ii. Buyer treats breach of condition as warranty
iii. Contract Not separable, buyer accepted whole or part of goods.
iv. Excused by Law for impossibility
CPT Exam Exposure