Sale of Goods. |Ch. 31. No. 9.

(3) Where a contract of sale is not severable, and the
buver has accepted the goods or part thereof, or where the
contract is for specific goods, the property in which has
passed to the buyer, the breach of any condition to be
fulfitled by the seller can only be treated as a breach of

‘arranty and not as a ground for rejecting the goods
and treating the contract as repudiated, unless there be a
term of the contract express or implied to that effect.

(4) Nothing tn this section shall affect the case of any
condition or warranty, fulfilment of which is excused by law
by reason of impossibility or otherwise.

14. Jn a contract of sale, unless the circumstances of the
contract ave such as to show a different intention, there is

(a) an impled 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 ta pass,

2) implied warranty that the buyer shall have
and enjoy quict possession of the goods;

(c) an implied warranty that the goods shall be free
from any charge or encumbrance in favour of any third
party, not declared or known to the buyer before or
at the time when the contract is made.

15. Where there is a contract for the sale of goods by
deseription, there is an implied condition that the goods
shall correspond with the deseription; and if the sale be by
sumple as well as by description, it is not sufficient that the
bulk of the goods corresponds with the sample if the goods
do not also correspond with the description,

16. Subject to the provisions of this Ordinance and of any
Ordinance in that behalf, there is no implied warranty or
condition as to the quality or fitness for any particular
purpose of goods supplied under a contract of sale except
as follows :—

(a) where the buyer, expressly or by implication,
makes known to the seller the particular purpose for
which the goods are required, so as to show that the

52 (2)

819

Implied
undertaking
as to title,
etc,

Sale by
description.

Implied
condition as
to quality
or fitness.