Duties of the Seller:
Under
Section 8 there is no implied condition that the goods exist, the
reason being that where the goods perish at the time of the contract the
contract is void. If the existence of the goods were an
implied condition, then the section would read that where the goods
perished at the time of the contract the contract would be voidable. Under
S. 8 there is no implied condition that the goods exist at the time of
the contract because where goods perish at the time of the contract
getting entered into, the contract is voidable.
Under Section 14 of Cap 31 the seller has a duty to pass a good title and under the Act, there is an implied condition that the seller shall pass a good title to the buyer. The seller has a right to sell the goods either he has the title or has authority to sell the goods. The seller is in effect under an obligation to pass a good title to the buyer. A good title is a title without any encumbrances.
In
a contract of sale there is an implied condition under 14 (a) that in
the case of sale he has a right to sell the goods and in the case of an
agreement to sell he will have such a right at the time when property is
to pass. This requirement does not require that the seller to be the owner, only that he has authority to sell. 14(a)
If
there is a breach of a condition, the innocent party has a right to
repudiate a contract or if he doesn’t choose to repudiate, he has a
right to claim for damages (i.e. he will be treating it as breach of a
warranty) in the sale of goods the innocent party is allowed to recover
monies paid if there is failure to transfer ownership. If seller has no authority then he should not receive your money and you can receive your money back