Soga 8 sep

Section 16 (Caveat emptor)

Implied condition for quality and fitness when seller is liable.

Sec 16 (2)- goods should be of mechantable quality

Case: Priest v last (1903)

plantidf bought hotwater bottle
purpose being: keeping water warm for long time. Plaintiff’s wife got burned.

Held: seller will be liable because the good had no merchantile quality.

Section 17: sale by sample

Section 27(Imp sec)

Sale made by person who is not the owner
Based on maxim-
Nemo dat quod non habet: No one gives what they do not have.

Exception:
1. When there is a implied consent

If the person giving implied consent refuses from giving his consent -Doctrine of
esptoppel will be applied

2. Agency of merchantile agent

Case: Pearson v Rose&young ltd.

Case: Fox v King (1923)
owner cannot claim buyer doesn’t have better title to the ownership of goods after
sale.