Delbert stops at a yard sale to look for old musical equipment.He sees an amplifier that is exactly what he has been looking for.Delbert believes it is worth a lot more money than the $50 the owner is requesting.Delbert asks the owner whether or not the amplifier is in good working condition.The owner tells him that he knows nothing about the amplifier and is not prepared to comment further.Delbert purchases the amplifier for $50.Later he finds out that it had been stolen from a nearby music store and did not belong to the owner at the time he purchased it.Delbert's action for recovery of his money against the owner will

Question

Quizplus · Accepted Answer

The implied term as to title means that the seller has the right to sell the goods they are offering. In this case, the owner did not have the right to sell the stolen amplifier, and therefore, breached the implied term as to title. Delbert can seek recovery of his money from the owner for the breach of this implied term. The principle of caveat emptor (buyer beware) is not applicable in this case because the seller made no misrepresentation, and the goods were not bought by description but rather were physically examined by Delbert. The music store paying a reward is speculative and not relevant to Delbert's claim against the owner.

Delbert Stops at a Yard Sale to Look for Old