Some bottles of soft drink were supplied by X to Y. Y got injured due to busting of one of the bottles. Y claimed damages from X due to ?

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UGC NET Paper 2: Commerce 13th June 2023 Shift 2
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  1. Condition as to fitness as quality 
  2. Condition as to wholesomeness 
  3. Condition as to merchatability 
  4. Condition in a sale by description 

Answer (Detailed Solution Below)

Option 3 : Condition as to merchatability 
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UGC NET Paper 1: Held on 21st August 2024 Shift 1
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50 Questions 100 Marks 60 Mins

Detailed Solution

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The correct answer is Condition as to merchatability .

 Important Points

  • In this scenario, the issue arises from a bottle of soft drink causing injury due to bursting.
  • The legal concept that applies here is "merchantability," which is a condition in a contract of sale.
  • Condition as to merchantability means that goods sold must be reasonably fit for the general purpose for which they are sold in the market.
  • In simpler terms, when you buy a product, there is an implied condition that it should be suitable for normal use.
  • In this case, when Y purchased the soft drink, there was an implied condition that it would be safe to consume and handle. Since the bottle burst and caused injury, it indicates a breach of the implied condition of merchantability.
  • Y can claim damages from X based on this breach.

Options 1, 2, and 4 do not directly apply to the situation described -

  • Condition as to fitness as quality generally relates to specific attributes or features of a product that a buyer may have specified and the seller has agreed to.
  • Condition as to wholesomeness is more related to food products and implies that food products should be fit for human consumption.
  • Condition in a sale by description refers to a situation where goods are sold based on a description, and the actual goods should correspond to that description.

In the given scenario, the most applicable condition is merchantability, as it pertains to the general suitability and safety of the product for its intended purpose, which was not met when the bottle burst and caused injury.

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