Rowland V Divall Case Study

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Explain in details all the implied terms under the Sale of Good together with reference to the Sale of Good Act 1957. (25 marks) Sale of Goods Act 1957 implies a number of condition in every contract for the sale of goods. Implied condition to title Section 14(a) of Sale of Goods Act 1957 stated that in a contract of sale, there is an implied condition on the part of the seller has a right to sell the goods if he have a right to sell the goods at the time when the property is to pass. It means that there is an implied condition where the seller has the right to sell goods, if seller has title of the goods. If seller do not have tittle or ownership of goods, dealings between seller and buyer is void or invalid. A breach of this condition entitles the buyer to repudiate the contract although buyer had used goods for a period of time. An example case under implied condition to tittle is Rowland v Divall .…show more content…
Rowland then had to send back the car to the actual owner. The issue was whether Rowland could retrieve the full amount that he had paid from Divall? Even though he had used the car for four month. Held: Even though Rowland had use of the car for 4 months, he was entitled to retrieve the full price he had paid. Because Divall had no right to sell him the car because it was got from stolen. Rowland had failed to entitle or get ownership of the car, so there was a total failure of

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