Examkin

Question

Difficulty: EasySale of Goods Act: Provisions, Terms, Conditions, and Warranties

Match each implied term under the Sale of Goods Act listed on the left with its correct statutory legal effect on the right.

  • Condition as to TitleImplies that the seller has the legal right to sell the goods at the time ownership is to pass.
  • Warranty of Quiet PossessionGuarantees the buyer will enjoy undisturbed use of goods without lawful interference by third parties.
  • Condition as to DescriptionRequires that goods sold by reference must strictly correspond with the contract specification.
  • Warranty of Freedom from EncumbrancesImplies the goods are free from any undisclosed charge, lien, or third-party financial claim.

Answer

Condition as to Title matches with seller having legal right to sell; Warranty of Quiet Possession matches with undisturbed use of goods; Condition as to Description matches with goods strictly corresponding to specs; Warranty of Freedom from Encumbrances matches with goods being free from undisclosed liens.
The Sale of Goods Act classifies terms into conditions and warranties. Title and description are fundamental conditions going to the essence of contract performance (right to sell and conformity to specifications). Quiet possession and freedom from encumbrances are subsidiary warranties protecting against third-party interference or unstated financial liabilities.

Step-by-Step Solution

1
Identify the fundamental terms relating to ownership and title transfer.
Condition as to title means the seller possesses legal right to transfer ownership.
Without title, the seller cannot transfer valid property rights to the buyer.
2
Distinguish between primary obligations (conditions) and minor/subsidiary obligations (warranties).
Quiet possession and freedom from encumbrances are implied warranties protecting the buyer from disturbance and hidden claims.
Breach of a warranty gives rise to a claim for monetary damages rather than repudiation of the contract.
3
Match sales by description to statutory conformity requirements.
Condition as to description requires exact correspondence between description and goods supplied.
If goods do not match their contract description, it constitutes a breach of a vital term (condition).

Key Concept

Classification and statutory effects of implied conditions vs implied warranties under the Sale of Goods Act
Estimated Time:1m 0s
Rate this question

Topics

Sale of Goods Act: Provisions, Terms, Conditions, and Warranties

More questions from this topic