Which of the following is true with regards to the rights approach?
The true statement with regard to the rights approach is It is based on the belief that, regardless of how you deal with an ethical dilemma, human dignity must be preserved. That is to say that the best action protects the moral rights of the people involved.
Which of the following is needed in order for the implied warranty of fitness for a particular purpose to arise?
In other words, unless properly disclaimed in the contract, an implied warranty of fitness for particular purpose arises when: (1) the seller knows, or should know, buyer’s purpose for the goods; and (2) the seller knows, or should know, that buyer is relying on seller to determine what the buyer needs for that purpose …
What is implied condition?
a condition in a contract that is not expressly stated or written. It maybe implied by fact and deed, viz. the parties’ actings; or it may be implied by law, either case law or statute. For an example, see QUALITY.
What is implied warranty of fitness for a particular purpose?
An implied warranty of fitness for a particular purpose occurs if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer. The seller then guarantees that the item is fit for that particular purpose.
Which is an example of an implied warranty?
An implied warranty is a lot like an assumption. For example, when you buy a new car from a car dealer, the implied warranty is that the car works. When you order a hamburger at a restaurant, it comes with the implied warranty that it is edible.
What does fit for purpose mean in law?
A fit for purpose obligation in a construction contract simply means the contractor agrees that the design will meet the employer’s demands. The employer’s requirements may be set out in great detail or they may be intentionally broad.
Which is not implied condition?
Generally, there is no implied condition as to the quality or fitness of the goods that are sold for a particular purpose. However, the condition as to the reasonable fitness of goods for a particular purpose may be implied on the part of the seller for which the buyer wants them.
Which of the following is an implied condition?
Implied condition as to title: At the point when a good is sold the condition implied for that good is its title, for example the good’s ownership. In the event that the vender doesn’t claim the title of the good that is said himself and offers it to the purchaser, then it is a breach of the condition.
What are the two implied conditions of food offered for sale?
These implied conditions are part of every consumer contract.
- The seller has title.
- The goods are free from encumbrance.
- The goods are reasonably durable.
- The goods are reasonably fit for the purpose.
- The goods are of merchantable quality.
Who has the legal rights to transfer ownership of goods?
18 to 24 of the Indian Sale of Goods Act 1930 deal with the rules for the transfer of ownership which determine the time at which the ownership of the goods is transferred from the seller to the buyer. However, the general rule is that the transfer of ownership depends upon the intention of the parties to the contract.
What is condition as to wholesomeness?
(7) Condition as to wholesomeness: In case of eatables or provisions or foodstuffs, there is an implied condition as to wholesomeness. Condition as to wholesomeness means that the goods shall be fit for human consumption. In case of sale by auction, there was a trade custom to declare any sea damage in the goods.
What is an example of implied condition?
For example, if you purchase a stolen car, the seller did not have the right to sell you the good. Therefore, they have breached the first condition implied into contracts of sale. The presence of that implied condition gives the consumer the right to seek a remedy from the seller.
How are conditions classified?
Conditions are classified by the read/write system state property: read conditions read system state but do not write system state, for example time, location and system load. write conditions write system state and may read system state, for example, payment.
What is condition as to merchantability?
iv ) Condition as to Merchantability — Where the goods are bought by description from a seller, who deals in goods of that description (whether or not as the manufacturer or producer) there is an implied condition that the goods shall be of merchantable quality.
What is difference between warranty and condition?
In other words, condition is the arrangement, which should be present at the time of happening of another event. Warranty is a written guarantee, issued to the buyer by the manufacturer or seller, committing to repair or replace the product, if required, within specified time.
What do you mean by merchantability?
Definition of merchantability in the English dictionary The definition of merchantability in the dictionary is the quality or state of being suitable for trading.
What are express conditions?
The term express condition refers to an explicit contractual provision under which either: (1) A party to a contract does not come under a duty to perform unless and until a designated state of affairs occurs or fails to occur, or (2) If a designated state of affairs occurs or fails to occur a party’s duty to perform a …
What is an example of an express contract?
An expressed contract requires that the elements are specifically stated, including offer, acceptance and consideration. There are other elements like mutual assent, capacity and legally accepted terms. Examples include the sale of real estate, employment contracts and even a contract to perform a service.
Is an express contract enforceable?
An express contract is one in which the terms are spelled out directly. The parties to an express contract, whether it is written or oral, are conscious that they are making an enforceable agreement.
What is the difference between express contract and implied contract?
The difference between implied and express contract is essentially as follows: An express contract is one in which the terms and conditions are spelled out in the contract, either verbally or in writing. An implied contract is one in which the terms and conditions are inferred by the actions of the parties involved.
What are the elements of an express contract?
Legally, the elements of an express contract are: (1) an offer by one party and an acceptance by the other, (2) consideration, in particular something of value contributed by each party and (3) a mutuality of intent— specifically, a meeting of the minds regarding the provisions of the agreement.
What is an express offer?
Express Offer: This is an offer accomplished through words that can be written or oral. Oral offers may be conducted over the telephone or in person. A written offer may be also be accomplished through advertisement, or email.