Question
According to Section 14(b) of the Sale of Goods Act,
1930, what is the scope of the implied warranty of quiet possession?ÂSolution
Section 14(b) provides an implied warranty: "that the buyer shall have and enjoy quiet possession of the goods, and that nothing in the title of the seller, nor in any charge or encumbrance affecting it, will disturb such possession." Breach occurs when the buyer is dispossessed by a third party claiming superior title or asserting an encumbrance on the goods. For example, if A buys a motorcycle from B, but the motorcycle is later seized as being stolen property, A suffers breach of this warranty and can recover damages from B. Importantly, this warranty is collateral to the main contract, so breach entitles the buyer only to damages, not rejection of goods. The warranty survives even after the buyer has taken possession and used the goods.
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