CHAPTER II FORMATION OF THE CONTRACT · Conditions and waranties

Section 14: Implied undertaking as to title, etc

The Sale of Goods Act, 1930

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.

Questions on this section

1 question in 5 of our papers cite Section 14. Try these from the free papers:

1. Consider the following statements under Section 14 of the Sale of Goods Act, 1930, assuming the circumstances show no different intention: 1. There is an implied warranty, and not a condition, that in the case of a sale the seller has a right to sell the goods. 2. There is an implied warranty that the buyer shall have and enjoy quiet possession of the goods. 3. There is an implied warranty that the goods shall be free from any charge in favour of a third party not declared or known to the buyer before or at the time of the contract. Which of the statements given above is/are correct?

Practise questions on Partnership and Sale of Goods Acts