THE SALE OF GOODS ACT

SALE OF GOODS 9on the construction of the contract. Astipulation may be a condition, though calleda warranty in the contract.(c) Where a contract of sale is not severable,and the buyer has accepted the goods, orpart thereof, or where the contract is forspecific goods, the property in which haspassed to the buyer, the breach of anycondition .to be fulfilled by the seller can onlybe treated as a breach of warranty, and notas a ground for rejecting the goods and treatingthe contract as repudiated, unless therebe a term of the contract, express or implied,to that effect.(2) Nothing' in this section shall affect the case ofany condition or warranty, fulfilment of which is excusedby law by reason of impossibility or otherwise.13. In a contract of sale, unless the circumstances of Impliedthe contract are such as to show' a different intention, astotitie,etc.there isanimplied condition on the part of the sellerthat in the case of a sale he has a right to sellthe goods, and that in the case of an agreementto sell he will have a right to sell the goods atthe time when the property is to pass;an implied warranty that the buyer shall haveand enjoy quiet possession of the goods;an implied warranty that the goods shall be freefrom any charge or incumbrance in favour of anythird party, not declared or known to the buyerbefore or at the time when the contract is made.undertaking14. Where there is a contract for the sale of goods by salebydescription, there is an implied condition that the goods description.me inclusion of this page is authorized by L.N. 480119731