Commentary

106.1 Seller has right to sell goods

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

106.1 Seller has right to sell goods

| Commentary

106 Implied terms about title etc

106.1 Seller has right to sell goods

There is an implied term that for:

  1. 106.1.1

        contracts of sale: the seller has a right to sell; and

  2. 106.1.2

        agreements to sell: the seller will have a right to sell at the time property is to pass1.

Note that no harm or loss to the buyer needs to be shown2.

The seller does not need to own the goods, but must be able to create the rights so that the buyer can have title at the appropriate time3.

The term

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