Victorian Consolidated Legislation

Goods Act 1958 - SECT 17

Implied undertakings

17. Implied undertakings

In a contract of sale, unless the circumstances of the contract are such as to
show a different intention, there is-

   (a)  an implied 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 to pass;

   (b)  an implied warranty that the buyer shall have and enjoy quiet
        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.