17. Implied undertaking as to title

In a contract of sale, unless the circumstances of the contract are such as to show a different intention-

(a) there is an implied condition on the part of the seller-

(i) for a sale-that the seller has a right to sell the goods; and

(ii) for an agreement to sell-that the seller will have the right to sell the goods at the time when the property is to pass; and

(b) there is an implied warranty that the buyer shall have and enjoy quiet possession of the goods; and

(c) there is an implied warranty that the goods shall be free from any charge or encumbrance in favour of a third party who is not declared or known to the buyer before or at the time when the contract is made.