Question

Describe the application of implied warranty of quiet possession in the Sale of Goods Act 1957 using an example. (10 mark)

Answer 1

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

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

there is an implied warranty that the goods shall be free from any charge or encumbrance in favor of any third party not declared or known to the buyer before or at the time when the contract is made. If the seller fails to comply, the buyer is entitled to claim for damages since the matter is being constituted as an implied warranty.

in example any goods which are under mortgage are under encumbrances that is the owner of the property doesn't have the possession of goods

Therefore that goods does not amount to the sale of goods act