From the historical development and judicial interpretation of the provisions of the Sale of Goods Laws of various states , it is hardly surprising that their provisions on implied term have been a subject of considerable scrutiny over recent times. This scrutiny has extended throughout the law on sales; to cover matters within the scope of this discussion i.e. the provision on implied terms. The criticism includes considerable examination of the provisions relating to conditions, warranties, the concept of merchantable quality, the quality and fitness of the goods, remedies available in case of breach, and whether further terms should be implied. It is with these areas that we are so concerned, as this is the core of commercial activities in every society.
It would be appropriate to consider the views of the some reform bodies for a more apposite understanding. In this section, the criticisms of this current legislation will be considered and proposals for reform will be examined in the light of numbers of broader issues such as the distinction between consumer and non consumer sales, the distinction in scope and interpretation of condition and warranties in the light of available remedies, caveat emptor doctrine, also detailed provisions on quality of goods and fitness for purpose will be examined and lastly merchantable quality would be examined in interpretation and application.