Sohan induced Suraj to buy his motorcycle saying that it was in very good condition. After taking the motorcycle, Suraj complained that there were many defects in the motorcycle. Sohan proposed to get it repaired and promised to pay 40 per cent as cost of repairs. After a few days, the motorcycle did not work at all. Now Suraj wants to rescind the contract. Decide giving reasons.
Dear student
This case is based on Section 16 of the Sale of Goods Act, 1930 (Implied Condition as to Merchantability) whereunder the goods sold are required to be of merchantable quality, that is, capable of being used as goods of that description.
In other words, they should be free from latent defects (that is, which could not be noticed by mere physical examination).
In this case, the motorcycle has failed on this condition and, as a consequence, Suraj can recover back the price of the bike as well as damages, if any, from Sohan.
Regards
This case is based on Section 16 of the Sale of Goods Act, 1930 (Implied Condition as to Merchantability) whereunder the goods sold are required to be of merchantable quality, that is, capable of being used as goods of that description.
In other words, they should be free from latent defects (that is, which could not be noticed by mere physical examination).
In this case, the motorcycle has failed on this condition and, as a consequence, Suraj can recover back the price of the bike as well as damages, if any, from Sohan.
Regards