Multiple choice

Fact: A resells a circular knitting machine to B without warranty. It turns out that the machine’s visual sensor missed sensing the alignment of fabric when the machine was operated at the highest rated speed. A was unaware of this defect since it was only rarely that this machine was operated at such high speed. B asks A to get the sensor repaired or recompense for the same.

Which of the following statements is valid?

  1. It is A’s responsibility to have the machine repaired for the defect.

  2. A is not bound to make any compensation or reparation.

  3. A is duty-bound to compensate B for the defect.

  4. A is guilty of defrauding B.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option 1: Since the machine was resold, that too without a warranty from A, it is natural that B would have tested the machine as per his best knowledge for all features and ratings to his satisfaction. Had he noticed any defect during the time, he might have either denied buying it or asked A to get the same repaired. Once sold, it is not A’s responsibility to have it repaired for any defect or recompensate.

Option 2: Yes, for reason as explained in option 1.

Option 3: No  Option 4: No, as it is mentioned that A was unaware of this defect. The defect remained latent at normal operating speeds. It was only at high speeds that the visual sensor worked improperly.

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