LawgistThe Sale of Goods Act
14Implied undertaking as to title, etc
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.
Download our fully-offline, High speed android app.- Click here
All sections
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Application of provisions of Act 9 of 1872
- 4 Sale and agreement to sell
- 5 Contract of sale how made
- 6 Existing or future goods
- 7 Goods perishing before making of contract
- 8 Goods perishing before sale but after agreement to sell
- 9 Ascertainment of price
- 10 Agreement to sell at valuation
- 11 Stipulations as to time
- 12 Condition and warranty
- 13 When condition to be treated as warranty
- 14 Implied undertaking as to title, etc
- 15 Sale by description
- 16 Implied conditions as to quality or fitness
- 17 Sale by sample
- 18 Goods must be ascertained
- 19 Property passes when intended to pass
- 20 Specific goods in a deliverable state
- 21 Specific goods to be put into a deliverable state
- 22 Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price
- 23 Sale of unascertained goods and appropriation
- 24 Goods sent on approval or “on sale or return”
- 25 Reservation of right of disposal
- 26 Risk prima facie passes with property
- 27 Sale by person not the owner
- 28 Sale by one of joint owners
- 29 Sale by person in possession under voidable contract
- 30 Seller or buyer in possession after sale
- 31 Duties of seller and buyer
- 32 Payment and delivery are concurrent conditions
- 33 Delivery
- 34 Effect of part delivery
- 35 Buyer to apply for delivery
- 36 Rules as to delivery
- 37 Delivery of wrong quantity
- 38 Instalment deliveries
- 39 Delivery to carrier or wharfinger
- 40 Risk where goods are delivered at distant place
- 41 Buyer’s right of examining the goods
- 42 Acceptance
- 43 Buyer not bound to return rejected goods
- 44 Liability of buyer for neglecting or refusing delivery of goods
- 45 “Unpaid seller” defined
- 46 Unpaid seller’s rights
- 47 Seller’s lien
- 48 Part delivery
- 49 Termination of lien
- 50 Right of stoppage in transit
- 51 Duration of transit
- 52 How stoppage in transit is effected
- 53 Effect of sub-sale or pledge by buyer
- 54 Sale not generally rescinded by lien or stoppage in transit
- 55 Suit for price
- 56 Damages for non-acceptance
- 57 Damages for non-delivery
- 58 Specific performance
- 59 Remedy for breach of warranty
- 60 Repudiation of contract before due date
- 61 Interest by way of damages and special damages
- 62 Exclusion of implied terms and conditions
- 63 Reasonable time a question of fact
- 64 Auction sale
- 64A In contracts of sale, amount of increased or decreased taxes to be added or deducted
- 65 [Repealed.]
- 66 Savings
