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KembaraXtra – Legal Terms – Implied Condition
An implied condition is a contractual term that is not expressly stated but is automatically included by law because of the nature of the contract. Breach of an implied condition gives the innocent party the right not only to claim damages but also to treat the contract as terminated. In contracts for the sale of goods, implied conditions commonly include the seller’s right to sell, the requirement that goods match their description, and—where the sale is in the course of business—that the goods are of satisfactory quality and fit for their intended purpose.
An implied condition is a contractual term that is not expressly stated but is automatically included by law because of the nature of the contract. Breach of an implied condition gives the innocent party the right not only to claim damages but also to treat the contract as terminated. In contracts for the sale of goods, implied conditions commonly include the seller’s right to sell, the requirement that goods match their description, and—where the sale is in the course of business—that the goods are of satisfactory quality and fit for their intended purpose.
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