Sale of Goods Act Section 14 — Implied undertaking as to title, etc

CHAPTER II FORMATION OF THE CONTRACT — Conditions and waranties

Commercial / Corporate

Summary

In a contract of sale, unless the circumstances of the contract show a different intention, there are certain implied promises from the seller.

Under clause (a), there is an implied condition that the seller has the right to sell the goods in the case of a sale, and in the case of an agreement to sell, that the seller will have the right to sell the goods at the time when ownership is to pass to the buyer.

Under clause (b), there is an implied warranty that the buyer shall have and enjoy quiet possession of the goods.

Under clause (c), there is an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party that was not declared or known to the buyer before or at the time the contract is made.

Official Text

In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is—

(a) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass;

(b) an implied warranty that the buyer shall have and enjoy quiet possession of the goods;

(c) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made.