Right to sell - Terms used in Contract
With S.14 (a) provides that there is an implied condition such seller has a right for sell the goods and, like in the case of an agreement for sell such he will have a right to sell o same time that the property is with pass.
However it appears that the primary aim of this provision is for protect a buyer who that unknowingly bought, or that agreed to buy, so like goods that had been stolen. However this is illustrated through Rowland v Divall (1923) whether the plaintiff bought a car from the defendants. Further four months after the sale so like it was discovered that the car had been stolen through the person from whom that the defendant had bought it. Although the plaintiff such having surrendered the car for the owner, sued such defendant to recover that the money he had paid to him like the price of the car. However the defendant contended that: like;
(a) Although since the plaintiff had the utilized of the car about over four months such he had legally accepted it then within S36 and his proper remedy must be like a claim for damages about breach of warranty.
(b) Although the damages must be reduced through the amount such the court would regard as payable through the plaintiff in respect of the benefit such he had received while utilizing the car for the four months. Whether the court rejected both arguments. So Atkin, L. J. stated lik:
However "The buyer has not received any part of such he contracted to receive namely, to the property and like to right possession and so, such being so whether has been total failure of consideration".Conversely the buyer was therefore entitled for recover the full purchase price from the seller.