Alf bought a car from Mr. Wojchu for $10,000. Shortly afterwards, a bailiff, acting for an unpaid conditional seller, seized the car. The conditional seller had properly registered his claim in time. Alf wants to sue Mr. Wojchu. Which of the following correctly sets out his legal position?

Question

Quizplus · Accepted Answer

Mr. Wojchu did not deliver good title to the car as it was seized by the bailiff due to the unpaid conditional seller's claim. Therefore, Alf can sue Mr. Wojchu for breach of warranty of title. The principle of caveat emptor (let the buyer beware) does not apply here as Mr. Wojchu had an obligation to deliver good title. It was also not Alf's obligation to search the title as it was Mr. Wojchu's duty to deliver good title. The issue of goods not being of merchantable quality is not relevant to this case. Risk follows title is generally true, but it does not apply if the seller does not have good title to the goods.

Alf Bought a Car from Mr