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Warranty as to quiet possession Sec 14 (b)

It is an important implied warranty in every contract of sale. According to this warranty, it is presumed that the buyer shall have and enjoy the quiet possession of goods. This means that when the buyer has obtained the possession of the goods, he has a right to enjoy them in any way he likes, i.e., no one should interfere with the quiet enjoyment of the buyer. If the buyer’s right of possession and enjoyment is disturbed by anyone having a superior title to the goods, then the buyer can recover damages from the seller through the Court of Law.



Das purchased a second hand typewriter from Jack. Das used it for some time and also spent some money on its repairs. The typewriter turned out to be a stolen one and as such Das had to return it to the true owner. It was held that Das could recover damages from Jack amounting to the price paid and the cost of repair.


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Note: To certain extent, the implied condition as to title and implied warranty as to quite possession are overlapping. It is so because, where the implied condition as to title is broken i.e. the seller’s title to the goods is defective; it is natural that the buyer’s right of possession and enjoyment will be disturbed by the person having superior title. Thus the buyer may recover damages for breach of both condition and warranty.

Warranty as to be free from encumbrance. Sec 14 (c)

According to this warranty, it is presumed that the goods shall be free from any charge or encumbrance in favor of any third person not declared or known to the buyer before or at the time when the contract is made. If the possession of the buyer is disturbed due to such charge in favor of a third party, he can claim damages from the seller.



Amar obtained a loan of ₹ 200 from Akbar by pledging his cycle with Akbar and promised Akbar to give the possession of cycle next day. Subsequently, Amar sold the same cycle to Anthony, an innocent buyer who had no knowledge about Akbar’s charge on the cycle. In this case, if Anthony’s possession is disturbed by Akbar who has a charge on the cycle, then Anthony can claim damages from Amar for any loss which he may suffer due to such charge.

Warranty to disclose the dangerous nature of goods

Where the goods to be sold in a contract are of dangerous nature and can cause loss to the buyer when in possession or in use by him, and the seller is aware of it and he knows that the buyer is not, then, it would be the seller’s duty to warn the buyer about this. If the buyer is not informed and he suffers loss, the seller shall be liable for compensation.
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