Implied terms

Question 1

What are the implied terms under the SGA?

Answer 1

• Right to sell goods s12(1)

- Free from encumbrances or charges s12(2)(a)

Question 2

What is the implied term of the right to sell goods?

Answer 2

s12(1) states:

• in case of sale seller has right to sell goods
• in agreement to sell, seller will have right when property passes.

When does seller need to have right to sell?
(Based on when property passes)
-for specific goods - when contract is made
-for unascertained - when property passes, if not specified look at s18 Rule 5.
-for agreement to sell - when time elapses and it becomes a sale

Is a condition. So entitled to all remedies under condition.