“A” asks “B” a chemist, to give him hot water bottle. Subsequently, the bottle bursts and injures “’A’s” wife. Is “B” required to refund the money paid by “A”?

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Answer:

According to Sec. 16 (l) of the Sale of Goods Act, 1930  when the goods sold are below the prescribed quality, the contract can be rejected. But the buyer must satisfy the following two conditions.

 

  1. He must tell the purpose for which he required the goods.

 

  1. He must have relied on the skill of the manufacturer to produce the goods of the quality required by the buyer.

 

iii. The goods must be of a type which are normally dealt with by the seller.

 

If the above conditions are satisfied by the buyer, then ‘A’ can claim refund of the money paid by him to the seller ‘B’ and in addition, ‘A’ can claim compensation for the injuries sustained by ‘A’s’ wife.

 

The facts of the case are similar to Priest Vs. Last (1903) 2 KB 148: wherein the Court held that the seller must pay compensation for breach of contract.

Last Updated On January 31, 2018
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