Correct option is D
· Title (A) – True: Under the Sale of Goods Act, one key condition is that the seller must have a valid title to the goods being sold, i.e., the ownership rights must transfer to the buyer without dispute.
· Description (B) – True: Goods must correspond to the description provided by the seller. If the goods fail to match the description, the buyer may reject them.
· Quiet possession (C) – False: Quiet possession is a warranty, not a condition. It guarantees that the buyer can enjoy the goods without interference.
· Encumbrances (D) – False: Encumbrances are also treated as a warranty, meaning the goods must be free of any legal claims or charges unless disclosed.
Information Booster:
1. Conditions vs. Warranties in the Sale of Goods Act:
· Condition: A fundamental stipulation, the breach of which allows the buyer to terminate the contract and claim damages.
· Warranty: A subsidiary stipulation, the breach of which entitles the buyer to claim damages but does not terminate the contract.
2. Examples of Conditions:
· The seller must have ownership (Title).
· Goods must match the agreed-upon description.
Additional Knowledge:
1. Quiet Possession as a Warranty:
· The buyer is assured peaceful possession of the goods, meaning no third party should have a legal claim to interfere with the buyer’s enjoyment of the goods.
2. Encumbrances as a Warranty:
· Goods must not have undisclosed financial or legal claims. If there are encumbrances, they must be resolved by the seller.