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    Chapter 4 Problem Based - 1

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    TEE LEE CHEN ESTHER
    Justin bought a car from Kitty but later had to pay taxes that were still owed by Kitty to the government. Under the Sales of Goods Act 1957: - Kitty, as the seller, breached the implied warranty that the goods were free from any charges or encumbrances by failing to disclose the outstanding taxes. - Justin, as the buyer, is entitled to damages from Kitty for breaching this warranty. - Justin can therefore recover the amount he paid in taxes from Kitty, as Kitty failed to ensure Justin had quiet possession of the car without interference from the outstanding tax amount.

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    Chapter 4 Problem Based - 1

    Uploaded by

    TEE LEE CHEN ESTHER
    14 views1 page
    Justin bought a car from Kitty but later had to pay taxes that were still owed by Kitty to the government. Under the Sales of Goods Act 1957: - Kitty, as the seller, breached the implied warranty that the goods were free from any charges or encumbrances by failing to disclose the outstanding taxes. - Justin, as the buyer, is entitled to damages from Kitty for breaching this warranty. - Justin can therefore recover the amount he paid in taxes from Kitty, as Kitty failed to ensure Justin had quiet possession of the car without interference from the outstanding tax amount.

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    Chapter 4 Problem Based -1

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    Justin bought a car from Kitty but later had to pay taxes that were still owed by Kitty to the government. Under the Sales of Goods Act 1957: - Kitty, as the seller, breached the implied warranty that the goods were free from any charges or encumbrances by failing to disclose the outstanding taxes. - Justin, as the buyer, is entitled to damages from Kitty for breaching this warranty. - Justin can therefore recover the amount he paid in taxes from Kitty, as Kitty failed to ensure Justin had quiet possession of the car without interference from the outstanding tax amount.

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    © All Rights Reserved
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    14 views1 page

    Chapter 4 Problem Based - 1

    Uploaded by

    TEE LEE CHEN ESTHER
    Justin bought a car from Kitty but later had to pay taxes that were still owed by Kitty to the government. Under the Sales of Goods Act 1957: - Kitty, as the seller, breached the implied warranty that the goods were free from any charges or encumbrances by failing to disclose the outstanding taxes. - Justin, as the buyer, is entitled to damages from Kitty for breaching this warranty. - Justin can therefore recover the amount he paid in taxes from Kitty, as Kitty failed to ensure Justin had quiet possession of the car without interference from the outstanding tax amount.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Chapter 4: Sales of Goods Act 1957

    Question 1 – Problem Based Question


    One day, Justin Pieper bought car from a dealer named Kitty Perry. Little did Justin
    know that he had to pay off the tax which was still owing to the government by Kitty.
    Discuss whether Justin can recover the amount he has paid for the tax from Kitty?
    The issue of this situation is whether Justin can recover the amount he paid from Kitty?
    Based on Section 2 of Sales of Goods Act 1957, the seller is a person who sells or agrees
    to sell goods. Seller is Kitty Perry. Buyer is a person who buys or agrees to buy goods. Buyer
    is Justin Pieper.
    Based on Section 2 of Sales of Goods Act 1957, goods defined as every kind of
    moveable property. Goods that purchased is a car. Lastly, the specific goods means that
    goods identified and agreed upon at the time a contract of sale is made. Car also known as
    specific goods in situation between Justin and Kitty.
    Based on Section 14(c) of Sales of Goods Act 1957, there is an implied warranty free
    from any charges or encumbrances. The goods must free from any debt and declared by third
    party before the contract is formed. If the seller breach of warranty and entitled buyer to
    damages. This section will not declare or made known to the buyer. In this case between
    Justin and Kitty. The car is not free from any charges causes Justin need to pay with the tax
    without understanding. Kitty as a seller fail to perform the duties of Section 14(c) of SOGA
    1957 which lead to she needs to pay the compensation to Justin. Due to Kitty breach the
    contract, then Justin able to recover the amount paid from Kitty.
    Based on Section 14(b) of Sales of Goods Act 1957, there is stated that implied warranty
    as to quite possession. This section mention that buyer shall have and enjoy the quiet
    possession of goods without any wrongful interference by third party included seller. If the
    seller unable to make sure the buyer can enjoy the goods anytime he or she want without
    interaction, then the buyer have the right to claim compensation from seller
    Based on Section 12 of Sales of Goods Act 1957
    Based on Section 14(a) of Sales of Goods Act 1957

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