A doctor purchased woollen undergarments from S, a retailer shopkeeper whose business was to sell goods of the description. But after wearing the undergarments, the doctor got developed some skin disease. Can the doctor

According to the Sale of Goods Act, 1930 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 name. In the case of Grant v. Australian Knitting Mills (1936) 70 MLJ 513 , G a doctor purchased woollen underpants from M, a retailer whose business was to sell goods of that description. After wearing the underpants G developed some skin diseases. The Court held that the goods were not fit for their only use and G was entitled to avoid the contract and claim damages. In view of the above Doctor can claim damages from S under Sale of Goods Act, 1930.