Anil inspects a hot water bottle at a chemist's shop and enquires whether it will stand boiling water. Anil was told that it will stand hot water but not boiling water and then he buys it. The moment Anil puts hot water

In a sale by description under the Sale of Goods Act, 1930 (the Act), there are certain implied conditions. Goods must correspond with description: It is provided under Section 15 of the Act that when there is a sale of goods by description, there is an implied condition that the goods shall correspond with description. In a sale by description, the buyer relies for his information on the description of the goods given by the seller. Where 'A' buys goods which he has not seen, it must be sale by description, e.g., where he buys a 'new Fiat car' from 'B' and the car is not new, he can reject the car. Goods must also be of merchantable quality: If they are bought by description from dealer of goods of that description. [Section 16(2)] Merchantable quality means that the goods must be such as would be acceptable to a reasonable person, having regard to prevailing conditions. They are not merchantable if they have defects which make them unfit for ordinary use, or are such that a reasonable person knowing of their condition would not buy them. For example: 'P' bought black yarn from 'D' and, when delivered, found it damaged by the white ants. The condition of merchantability was broken. But, if the buyer has examined the goods, there is no implied condition as regards defects which such examination ought to have revealed. If, however, examination by the buyer does not reveal the defect and he approves and accepts the goods, but when put to work, the goods are found to be defective, there is a breach of condition of merchantable quality. The buyer is given a right to examine the goods before accepting them. But a mere opportunity without an actual examination, however, cursory, would not suffice to deprive him of this right. Condition as to wholesomeness: The provisions, (i.e., eatables) supplied must not only answer the description, but they must also be merchantable and wholesome or sound. For example: 'F' bought milk from 'A' and the milk contained typhoid germs. 'F's wife became infected and died. 'A' was liable for damages. Condition as to quality or fitness for a particular purpose: Ordinarily, in a contract of sale, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied. But there is an implied condition that the goods are reasonably fit for the purpose for which they are required if: the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required, so as to show that he relies on the seller's skill and judgement, and the goods are of a description which it is in the course of the seller's business to supply (whether he is the manufacturer or producer or not). There is no such condition if the goods are bought under a patent or trade. Anil had inspected the hot water bottle at a chemist's shop. He made enquires too from the chemist whether it would stand boiling water. The chemist had affirmed that it would stand hot water but not boiling water and then Anil bought it. The moment Anil put hot water into the bottle, it burst causing him an injury. In view of the provisions discussed above, it can be said that the goods were not of merchantable quality and even when the requirement was expressly made to the chemist it did not fit the purpose. The seller will be responsible for damages as the bottle was not fit for use as a hot water bottle. Anil may succeed in claiming damages from the chemist.