Commentary

106.4 Transfer of only such title as the seller has

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

106.4 Transfer of only such title as the seller has

| Commentary

106.4 Transfer of only such title as the seller has

Where the seller is only transferring only such title as he or a third person may have1, there are implied terms that:

  1. 106.4.1

        all charges or encumbrances known to the seller but not known to the buyer have been disclosed to the buyer before the contract is made2; and

  2. 106.4.2

        the following persons will not disturb the buyer’s quiet possession of the goods:

    1. (a)

          the seller;

    2. (b)

          a third party, where the seller is only transferring such title as a third party may have; or

    3. (c)

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