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Section 116: Sections 76 to 123 [Repealed by the Indian Sale of Goods Act, 1930]

Indian Contract Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1872
Section 115 All 266 Sections of Indian Contract Act Section 117

Legal Commentary & Landmark Judgments: Section 116

Historical Section 116 of the Indian Contract Act, 1872 established an implied warranty on the sale of provisions or foodstuffs that they are wholesome and sound at the time of sale. Codified under Section 16 of the Sale of Goods Act, 1930 and complemented by the Food Safety and Standards Act, 2006, this doctrine imposes a non-derogable public health warranty on commercial food suppliers.

  • Strict Warranty of Wholesomeness: Foodstuffs and provisions sold for human consumption must be fit for ingestion, wholesome, and free from toxic contaminants, adulterants, or putrefaction.
  • Inapplicability of Caveat Emptor to Food Sales: Operates as an absolute statutory exception to caveat emptor; consumer safety overrides commercial caveats.
  • Dual Civil and Regulatory Liability: Breach gives rise to civil damages for breach of contract and personal injury under Section 73 of the Contract Act, alongside penal consequences under food safety statutes.
Key Landmark Precedents:
  • Wren v. Holt [1903] 1 KB 610: Celebrated authority where beer purchased at a public house contained arsenic; held that the seller was strictly liable for breach of the implied warranty of merchantable quality and fitness for consumption.
  • Chaproniere v. Mason (1905) 21 TLR 633: Held that a stone found in a manufactured bun constituted a breach of the implied warranty of fitness and merchantability, invoking the doctrine of res ipsa loquitur against the food manufacturer.
Courtroom Practice & Strategic Litigation Guidance:

In food contamination and product liability litigation, file a composite suit combining breach of the statutory warranty of merchantability/fitness under Section 16 of the Sale of Goods Act with tortious negligence and personal injury damages under Section 73 of the Contract Act. Immediately secure certified public health laboratory reports.

Section 115 All 266 Sections of Indian Contract Act Section 117