Sunday, July 17, 2011

Terms implied into a contract for the sale of goods

  • Implied condition as to title ( section 14 (A) 
A breach of this condition entitiles the buyer to repudiate the contract and recover the price paid in full regardless of whether he has used the goods .

Example : Mary sold a computer to Jane . A year later , Jane discovered that the computer actually belonged to Peter and that Mary was actuallly looking after Peter's possessions while he was overseas . Here , Jane can recover the price in full even she had used the computer for one year .

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