Bare Act Search Results

Marine Insurance Act, 1963 Section 42

Title: No Implied Warranty That Goods Are Seaworthy

State: Central

Year: 1963

(1) In a policy on goods or other moveable there is no implied warranty that the goods or movables are seaworthy. (2) In a voyage policy on goods or other movables there is an implied warranty that at the commencement of the voyage the ship is not only seaworthy as a ship, but also that she is reasonably fit to carry the goods or other movables to the destination contemplated by the policy.

Marine Insurance Act, 1963 Section 39

Title: No Implied Warranty of Nationality

State: Central

Year: 1963

There is no implied warranty as to the nationality of a ship, or that her nationality shall not be changed during the risk.

Marine Insurance Act, 1963 Complete Act

State: Central

Year: 1963

.....NEGOTIATION OF CONTRACT (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be Considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. SECTION 23: WHEN CONTRACT IS DEEMED TO BE CONCLUDED A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the.....

Sale of Goods Act, 1930 Complete Act

State: Central

Year: 1930

.....identified and agreed upon at the time a contract of sale is made; and (15) expressions used but not defined in this Act and defined in the Contract Act, 1872, have the meanings assigned to them in that Act. Section 3 Application of provisions of Act 9 of 1872 The unrepealed provisions of the Contract Act, 1872, save insofar as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts for the sale of goods. CHAPTER 2 FORMATION OF THE CONTRACT Section 4 Sale and agreement to sell (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another. (2) A contract of sale may be absolute or conditional. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. (4) An agreement to sell becomes a sale when the time elapses or.....

Sale of Goods Act, 1930 Chapter II

Title: Formation of the Contract

State: Central

Year: 1930

.....are fulfilled subject to which the property in the goods is to be transferred. Section 5 - Contract of sale how made Formalities of the contract (1) A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. The contract may provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment by instalments, or that the delivery or payment or both shall be postponed. (2) Subject to the provisions of any law for the time being in force, a contract of sale may be made in writing or by word of mouth, or partly in writing and partly by word of mouth or may be implied from the conduct of the parties. Section 6 to 8 - Subject-matter of contract Section 6 - Existing or future goods (1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods. (2) There may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract.....

Marine Insurance Act, 1963 Complete Act

Title: Marine Insurance Act, 1963

State: Central

Year: 1963

..... Section20 - Disclosure by assured Section21 - Disclosure by agent effecting insurance Section22 - Representations pending negotiation of contract Section23 - When contract is deemed to be concluded Section24 - Contract must be embodied in policy Section25 - What policy must specify Section26 - Signature of insurer Section27 - Voyage and time policies Section28 - Designation and subject-matter Section29 - Valued policy Section30 - Unvalued policy Section31 - Floating policy by ship or ships Section32 - Construction of terms in policy Section33 - Premium to be arranged Section34 - Double insurance Section35 - Nature of warranty Section36 - When breach of warranty excused Section37 - Express warranties Section38 - Warranty of neutrality Section39 - No implied warranty of nationality Section40 - Warranty of good safety Section41 - Warranty of seaworthiness of ship Section42 - No implied warranty that goods are seaworthy Section43 - Warranty of legality Section44 - Implied conditions as to commencement of risk Section45 - Alteration of port of departure Section46 - Sailing for different destination Section47 - Change of voyage Section48 - Deviation .....

Sale of Goods Act, 1930 Section 16

Title: Implied Conditions as to Quality or Fitness

State: Central

Year: 1930

.....are required, soas to showthat the buyer relies on the seller's skill or judgment, and the goods are of adescription which it is in the course of the seller's business to supply (whetherhe is the manufacturer or producer or not), there is an implied condition thatthe goods shallbe reasonably fit for such purpose: Providedthat, in the case of a contract for the sale of a specified article under itspatent or othertrade name, there is no implied condition as to its fitness for any particularpurpose. (2) Where goods are bought by description from aseller who deals in goods of that description (whether he is the manufactureror producer or not), there is an implied condition that the goodsshall be ofmerchantable quality: Providedthat, if the buyer has examined the goods, there shall be no implied condition as regards defectswhich such examination ought to have revealed. (3) An implied warranty or condition as to quality orfitness for a particular purpose may be annexed by the usage of trade. (4) An express warranty or condition does notnegative a warranty or condition implied by this Act unless inconsistenttherewith.

Marine Insurance Act, 1963 Section 41

Title: Warranty of Seaworthiness of Ship

State: Central

Year: 1963

(1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured. (2) Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port. (3) Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy in respect of such preparation or equipment for the purposes of that stage. (4) A ship deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. (5) In a time policy there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness.

Hire-purchase Act, 1972 [Repealed] Section 6

Title: Warranties and Conditions to Be Implied in Hire-purchase Agreements

State: Central

Year: 1972

.....and if the goods are let tinder the agreement by reference to a sample as well as by description, it shall not be sufficient mat the bulk of the goods correspond with the sample if the goods do not also correspond with the description. (6) An owner shall not be entitled to rely on any provision in a hire-purchase agreement excluding or modifying the condition set out in sub-section (3) unless he proves that before the agreement was made the provision was brought to the notice of the hirer and its effect made clear to him. (7) Nothing in this section shall prejudice the operation of any other enactment or rule of iaw whereby any condition or warranty is to be implied in any hire-purchase agreement.

Hire Purchase Act, 1972 Complete Act

State: Central

Year: 1972

.....passed by assignment or by operation of law ; (g) each of the words and expressions used and not defined in this Act but defined in the Indian Contract Act, 1872 (9 of 1872)-or the Sale of Goods Act, 1930 (3 of 1930)-shall have the meaning assigned to it in that Act. SECTION 03: HIRE--PURCHASE AGREEMENTS TO BE IN WRITING AND SIGNED BY PARTIES THERETO (1) Every hire-purchase agreement shall be- (a) in writing, and (b) signed by all the parties thereto. (2) A hire-purchase agreement shall be void if in respect thereof any of the requirements specified in sub-section (1) has not been complied with. (3) Where there is a contract of guarantee, the hire-purchase agreement shall be signed by the surety also, and if the hire-purchase agreement is not so signed, the hire-purchase agreement shall be voidable at the option of the owner. SECTION 04: CONTENTS OF HIRE--PURCHASE AGREEMENTS (1) Every hire-purchase agreement shall state- (a) the hire-purchase price of the goods to which the agreement relates ; (b) the cash price of the goods, that is to say, the price at which the goods may be purchased by the hirer for cash ; (c) the date on which the agreement shall be deemed to have commenced.....