Undertakings as to Title

[12.01] Introduction. Section 12 of the SGA 1893 provided for an implied condition as to the seller's title to the goods sold, and two implied warranties by him of quiet possession and freedom from encumbrances. It seems probable that these three implied undertakings were largely declaratory of the common law; ¹ and, subsequently, the courts implied similar undertakings in hp agreements. To do so, they rejected the (now abolished) common law rule of bailment that a bailee was estopped from denying his bailor's title, ² and introduced a presumption to the opposite effect. ³