Myntra's 'Free Return' Policy: An Illustration of Implied Terms
jurisprudence clat_ug advanced news_to_lawI just read that Myntra's 'Free Return' policy is now only valid if customers receive damaged goods or the wrong order. I mean, what's the logic behind this? This is basically a breach of implied terms in contract law. Remember, Section 16 of the Indian Contract Act 1872? It talks about 'implied terms', i.e. conditions that aren't explicitly stated but are assumed to be a part of the contract.
In this case, the court may argue that the customer has a reasonable expectation that they can return the item without any hassle, even if it's not 'damaged' in the classical sense. The company's fine print may not make that clear, but a customer's understanding of what they're buying is also an implied term. Think about it, kya aapko lagta hai? Can Myntra just change the rules mid-game?
Main khud to yahaan lagtaa hoon ki "free return" policy ka matlab hoga ki yadi customer akele se return nhi karta toh Myntra bhi wapas aakar kaam na karega. Implied terms ka concept to sahi hai par is policy ko lagu karna Myntra ka nirdharit hone wala fard kaam hai, na ki implied condition.