商業科題目~20分

2008-04-01 6:04 am
Mr Chan bought a second-hand car through a newspaper advertisement.The
police informed him afterwards that it was a stolen car.

which implied term of sale is involved?

答案係quiet possession,點解釋?

回答 (2)

2008-04-01 8:29 pm
✔ 最佳答案
quiet possession
Definition
Freedom to enjoy a possessed property without interference. Every sale implies that the buyer has the implied warranty of quiet possession.
As the sales contract is void and the seller may liable to a criminal charge, if with grounds. Mr. Chan has no good title as the title has not passed to him legally. Hence, no quiet possession can see or has to be seen to be possessed.
2008-04-01 6:17 am
Quiet possession means the owner of the goods is the only person who is entitled to its use. The owner of the stolen car is the only person who can use the car, Mr Chan do not have the right to use it.

p.s. I think the answer can be'Third party Ownership', as the seller do not have the right to sell the car as he doesn't have the ownership of the car, therefore the transaction between the seller and Mr. Chan is void(無效), he should return the car to the owner.
參考: 我係今年會考生~我都有讀le科


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