The Seller’s Duty and Power to Transfer Title

Abstract This chapter divides into two unequal parts. The first part deals with the seller’s contractual duty to ensure that the buyer obtaining the property in the goods receives the best title as against all other possible claimants. Exceptionally, the parties may agree a limited title sale but may not exclude the seller’s duty. The seller also has duties concerning the buyer’s quiet possession and freedom from encumbrances affecting the goods. The second part deals with the power of the seller to give the buyer the best possible title. It starts with the rule that a seller can transfer no better title than it has before turning to common law exceptions (apparent authority and apparent ownership) and statutory exceptions, notably, voidable title, mercantile agency, seller in possession, buyer in possession, and hire purchase legislation.