Australian Capital Territory Current Acts

SALE OF GOODS ACT 1954 - SECT 17

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

        (a)     there is an implied condition on the part of the seller—

              (i)     for a sale—that the seller has a right to sell the goods; and

              (ii)     for an agreement to sell—that the seller will have the right to sell the goods at the time when the property is to pass; and

        (b)     there is an implied warranty that the buyer shall have and enjoy quiet possession of the goods; and

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