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Mason vs. burningham

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Mason vs. burningham

  1. 1. CASEanalysis Mason vs. Burningham By: HassanSamoon 2K17/MBA/75 InstituteofBusinessAdministration, UniversityofSindh.
  2. 2. Overview  Warranty  Types of Warranties  Expressed Warranty  Implied Warranty  Types Of Implied Warranty  Warranty of quiet possession  Mason vs. Burningham, 1945  Conclusion
  3. 3. Warranty In contract law, a warranty has various meanings but generally means a guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen
  4. 4. TypesOf Warranty  Expressed Warranty: (Provided by the contract) An express warranty is one that is clearly stated (or "expressed") either verbally or in writing.  Implied Warranty: (Provided by the law, automatically) An implied warranty automatically covers most consumer goods valued over a certain amount, but only provides a base level of protection for consumers.
  5. 5. TypesofWarranty
  6. 6. ImpliedWarranties… 1. Warranty as to Quiet Possession [Section 14(b)]: The first implied warranty is that the buyer shall have and enjoy, quiet possession of the goods. 2. Warranty of freedom from encumbrances [Sec. 14 (c)]: The second implied warranty on the part of the seller is that “the goods shall be free from any charge or encumbrance in favor of any third party not declared or known to the buyer before or at the time when the contract is made.” 3. Warranty of disclosing the dangerous nature of goods to the ignorant buyer [Sec. 16 (3)]: : The third implied warranty on the part of the seller is that in case the goods sold are of dangerous nature he will warn the ignorant buyer of the probable danger.
  7. 7. Warranty of quiet possession It is an important implied warranty in every contract of sale. According to this warranty, it is presumed that the buyer shall have and enjoy the quit possession of goods. This means that when the buyer has obtained the possession of the goods, he has a right to enjoy them in any way he likes, i.e. no one should interfere with the quiet enjoyment of the buyer. If the buyer’s right of possession and enjoyment is disturbed by anyone having a superior title to the goods, then the buyer can recover damages from the seller through the court of law.
  8. 8. Mason vs. Burningham, 1945 The plaintiff, a lady, purchased a second hand typewriter from the defendant. She thereafter spent some money on its repair and used it for some months. Unknown to the parties the typewriter was a stolen one and the plaintiff was compelled to return the same to its true owner. She was held entitled to recover from the seller for the breach of this warranty damages reflecting not merely the price paid but also the cost of repair (Mason vs. Burningham). [Notice that the decision in the instant case would not change if we treat it as a case of breach of condition as to title under Sec. 14(a)],
  9. 9. Conclusion The breach of this warranty gives buyer a right to claim damages from the seller. In every contract of sale, the first implied warranty on the part of the seller is that “the buyer shall have and enjoy quiet possession of the goods.” If the quiet possession of the buyer is in any way disturbed by a person having a superior right than that of the seller, the buyer can claim damages from the seller. Since disturbance of quiet possession is likely to arise only where the seller’s title to goods is defective, this warranty may be regarded as an extension of the implied condition of title provided for by Section 14(a). In fact the two clauses of Section 14 [i.e., (a) and (b)] are overlapping and it is not easy to see what additional rights this warranty confers on the buyer over and above those conferred by the implied condition as to title contained in Section 14(a).
  10. 10. Questions...?
  11. 11. ThankYou…!!! 

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