Sale Of Goods

Question 1

Nemo dat quod non Hebet means what?

Answer 1

You cannot sell something you do not own

Question 2

Implied term means what?

Answer 2

These are terms not expressly stated by the parties, rather it is ascertained by the court with reference to statute, court judgement, trade or Custom or previous dealing between the parties.

Question 3

What is the implied condition where a sale of goods is by description?

Answer 3

The implied condition is that the goods will correspond with the description. And if the sale be by sample as as well as description, it is not sufficient that the bulk of the goods do not correspond with the sample if they correspond with the description

Question 4

Is there an implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied under a contract of sale?

Answer 4

There is no implied condition or warranty except where the buyer expressly or by implication makes known to the seller the particular purpose for which goods are required so as to show that the buyer relies on the sellers skill and judgement, and the goods are of a description which it is the seller’s business to supply