7. Condition Implied by Trade Usage

. Condition Implied by Trade Usage An implied condition as to quality or fitness for a particular purpose can also be fixed by the usage of trade. Eg.‘X’ sold certain drugs by auction to ‘Y’. In the auction sale, there is a trade custom to declare any defect in the goods. But ‘X’ sold the goods without such declaration. Later, such goods were found to be defective. In this case, ‘Y’ can claim refund of the price on the ground of breach of custom.