#contract #law #terms
The Sale of Goods Act 1979 ('SGA 1979') (as amended by the Sale and Supply of Goods Act 1994) s 12 is concerned with 'title' in the sense of the 'right to sell'. The SGA 1979 s 12(1) provides for the implication of three terms as to title to the goods, namely:
- a condition that the seller has the right to sell the goods (s 12(1));
- a warranty that the goods will be free from any undisclosed encumbrance (s 12(2)(a)); and
- a warranty that the buyer will enjoy a right to quiet possession of the goods (s 12(2)(b)).
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