Implied warranties


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1.         Warranty of quiet possession – In a contract of sale, unless there is a contrary intention, there is an implied warranty that the buyer shall have and enjoy quiet possession of the goods. If buyer’s possession is disturbed because of some defect in seller’s title, he can claim damages from the seller.

2.         Warranty of freedom from encumbrances – The buyer is entitled to a further warranty that the goods are not subject to any charge or right in favour of a third party.

3.         Warranty to disclose dangerous nature of goods – Where a person sells goods, knowing that the goods are inherently dangerous or they are likely to be dangerous to the buyer and that the buyer is ignorant of the danger, he must warn the buyer of the probable danger, otherwise he will be liable for damages.

 


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