Answer to Question #199496 in Law for Rajesh Makwana

Question

List out the implied warranties under the Sales of Goods Act, 1930 and provide an

example explaining each implied warranty.

Answer 1

Enjoy Possession of the Goods (Section 14 b)

Section 14(b) of the Act mentions ‘an implied warranty that the buyer shall have and enjoy quiet possession of the goods’ which means a buyer is entitled to the quiet possession of the goods purchased as an implied warranty which means the buyer after receiving the title of ownership from the true owner should not be disturbed either by the seller or any other person claiming superior title of the goods. In such a case, the buyer is entitled to claim compensation and damages from the seller as a breach of implied warranty.

Goods are free from any charge in favor of any third party (Section 14c).

Any charge or encumbrance pending in favor of the third party which was not declared to the buyer while entering into a contract shall be considered as a breach of warranty, and the buyer is entitled to compensation and claim damages from the seller for the same.