A Case Analysis: Morelli v. Fitch and Gibbons

  • Kashish Khanna and Tejas Sachdeva
  • Show Author Details
  • Kashish Khanna

    Student at IILM University, Gurugram, India

  • Tejas Sachdeva

    Student at IILM University, Gurugram, India

  • img Download Full Paper


Buyer seller relationship is one of a kind. No one can dispute the significance of buyer-seller relationships or how they affect your chances of success. A bad working connection with your business partners might result in misunderstandings, obstacles, process delays, and higher costs. It is obvious that you need to invest in your business relationships, but where do you begin? We've included three easy areas you may concentrate on to build more durable and worthwhile relationships with your buyers and sellers below. The cornerstones to success in buyer and seller interactions are communication and trust. One runs the risk of exposing supply chains to possible issues if one doesn't have a strong base to build on. Hence, an environment where communication is open and honest should be created. The case, Morelli V Fitch and Gibbons , is an interesting explanation of various aspects of implied conditions and warranties. It also somehow provides a clear distinction between the duties and care to be taken by the buyer at the time of buying a product as well as the duties and due care taken by the seller to put the product in a deliverable state for the buyer and give it to the buyer the way which was decided by description. It also talks about merchantable quality of a product as the responsibility of the seller, not fulfilling of which can lead to filing of a suit against the seller. The Sale Of Goods Act 1930, includes provisions for implied conditions and guarantees to safeguard purchasers from seller fraud. However, since a seller cannot be held accountable for a customer's poor decision, it is the seller's responsibility to first check for obvious flaws and inquire about the product's quality before entering into a contract of sale of goods. Therefore, for the buyer, it is essential that he provides a reasonable description of the items, wanted in order to ensure that the seller purchases an appropriate good. In the case at hand, the seller was held liable for not delivering good of a merchantable quality, which is treated as an implied condition and is not defined specifically in the act.



Case Comment


International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 234 - 238

DOI: https://doij.org/10.10000/IJLMH.114829

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021