Commentary

106.3 Buyer to enjoy quiet possession of goods

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

106.3 Buyer to enjoy quiet possession of goods

| Commentary

106.3 Buyer to enjoy quiet possession of goods

There is an implied term that the buyer will enjoy quiet possession except where, before the contract is made, a buyer or a third party discloses to the seller any charge or encumbrance, or the buyer knows of such a charge or encumbrance1.

Note that the implied term of quiet enjoyment is not the same as the covenant of quiet enjoyment for land and the rules relating to the latter do not apply to the former2.

A breach of the implied term of quiet enjoyment does not have

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