Section 55

Section 55 outlines the implied conditions in a contract of sale regarding title, quiet possession, and freedom from encumbrances. The section states: “In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is ” (a) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods, and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass. Judicial interpretations have underscored the seller’s obligation to ensure they have the right to sell and that the buyer will enjoy quiet possession.