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    Question

    Which statement correctly reflects the implied condition

    as to title under Section 14(a) of the Sale of Goods Act, 1930? 
    A The seller warrants that the buyer will never be disturbed in possession Correct Answer Incorrect Answer
    B In a contract for sale, the seller has the right to sell the goods; in a contract to sell, the seller will have the right to sell the goods at the time property is to pass Correct Answer Incorrect Answer
    C The seller guarantees that no third party will ever claim rights over the goods Correct Answer Incorrect Answer
    D The seller must provide documentary proof of ownership before the sale Correct Answer Incorrect Answer
    E The buyer assumes all risk that the seller may not own the goods Correct Answer Incorrect Answer

    Solution

    Section 14(a) provides: "In a contract of sale, the seller shall be deemed to have made, on behalf of himself, an implied undertaking that in the case of a sale, he has a right to sell the goods, and that in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass." This condition distinguishes between existing sales (where title must vest at the time of contract) and future sales (where title must vest when property is to pass). Breach of this condition entitles the buyer to reject goods and claim refund. Critically, this condition concerns the right to sell, not mere possession; the seller need not be the absolute owner but must have legal authority to transfer property.

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