Question

    Under Section 55 of the Sale of Goods Act, 1930

    (Warranty of Quiet Possession):
    A The seller must possess quiet temperament Correct Answer Incorrect Answer
    B The seller warrants that the buyer will have possession and quiet enjoyment of the goods free from encumbrances Correct Answer Incorrect Answer
    C The buyer must be silent about defects Correct Answer Incorrect Answer
    D Only movable goods have this warranty Correct Answer Incorrect Answer
    E The warranty applies only to goods sold at auction Correct Answer Incorrect Answer

    Solution

    Section 55 provides an implied warranty in every contract of sale that the buyer shall have and enjoy quiet possession of the goods against the seller and all persons claiming through the seller. This means the seller warrants that the goods are not encumbered and the buyer will have peaceful enjoyment without disturbance from third parties claiming superior rights. [Citation: Section 55, Sale of Goods Act, 1930]

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