Cap. 26activeordinance

Sale of Goods Ordinance

貨品售賣條例

Full legislation

s.14

Implied undertaking as to title etc.

(1)
In every contract of sale, other than one to which subsection (2) applies, there
is—
(a)
an implied condition on the part of the seller that in the case of the sale, he has a right to sell the goods, and 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; and
(b)
an implied warranty that the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made and that the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.
(2)
In a contract of sale, in the case of which there appears from the contract or is to be inferred from the circumstances of the contract an intention that the seller should transfer only such title as he or a third person may have, there
is—
(a)
an implied warranty that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made; and
(b)
an implied warranty that
neither—
(i)
the seller; nor
(ii)
in a case where the parties to the contract intend that the seller
                        should transfer only such title as a third person may have, that person;
                        nor
(iii)
anyone claiming through or under the seller or that third person
                        otherwise than under a charge or encumbrance disclosed or known to the buyer
                        before the contract is made,
will disturb the buyer’s quiet possession of the goods.