Overview

quiet possession


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Freedom from disturbance in the enjoyment of property. In contracts for the sale of goods, unless the seller makes it clear that he is contracting to transfer only the title that he or a third person has, there is an implied warranty that the buyer will enjoy quiet possession of the goods. This warranty is broken not only if the seller and those claiming through him interfere with the buyer's quiet possession but also if the interference is by a third party claiming by virtue of a better title to the goods. The corresponding covenant upon the sale of land extends only to interferences by the seller and those claiming through him.

Subjects: Law.


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