Rowland v. Divall
[1923] 2 KB 500 · Court of Appeal (England)
Breach of the implied condition as to title entitles the buyer to recover the price even after using the goods, for he paid for property he never received.
Unit III · Law of Contract – II
Conditions, warranties and caveat emptor
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Sale of Goods Act, 1930 | 11–13 | Stipulations, conditions and warranties |
| Sale of Goods Act, 1930 | 14–17 | Implied conditions as to title, description, quality and sample |
| Sale of Goods Act, 1930 | 16 | Implied conditions as to quality or fitness |
Landmark cases
Baldry v. Marshall
[1925] 1 KB 260 · Court of Appeal (England)
A stipulation as to fitness for a disclosed purpose is a condition, not a mere warranty, where the buyer relies on the seller's skill.