ABSTRACT
IMPLIED CONDITION AS TO TITLE – s 12 OF THE SALE OF GOODS ACT 1979 It is an implied condition of a contract of sale of goods that the seller has the right to sell the goods. If he does not, the buyer has the right to reject the goods, recover the purchase price, and damages for losses arising from the breach of the implied term. He is entitled to do this even if he has had possession and substantially enjoyed the use of the goods before discovering that the seller had no title to sell (Rowland v Divall [1923]).
