📖 generic · 12th TN - English Medium · COMMERCE · Page 192poem

(i) Quiet Possession

Chapter 7: 07 · COMMERCE

(i) Quiet Possession There is an implied warranty that the buyer shall have and enjoy quiet possession of the goods. If the buyer’s possession is disturbed by a person having a superior right to that of the seller, the buyer is entitled to claim the damages. eg. ‘X’ sold a second hand radio to ‘Y’ who spendsRs. on the repairs of the radio. This radio was seized by the police as it was a stolen one. ‘Y’ filed a suit against ‘X’ for the recovery of damages for breach of warranty of quiet possession including the cost of repair. ‘Y’ won the case. In other words, he was held entitled to recover the damages.

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