Report No. 199
Sale of Goods Act, 1930:
The Sale of Goods Act, 1930 creates a large number of rights, duties and liabilities. These include the warranties and guarantees implied by the law, i.e. the Sale of Goods Act. But section 62 of that Act permits exclusion of these rights, duties or liabilities by express clause or on account of the course of dealings between the parties, or by usage, if the usage is such as to bind both parties to the contract. In our view, it becomes necessary to examine section 62 and consider whether, in the present context of substantive unfairness, such exclusion should be deemed to be unfair.