case study MASON VS BURNINGHAM by Hassan Samoon

2. CASEanalysis
Mason vs. Burningham
By: HassanSamoon 2K17/MBA/75
InstituteofBusinessAdministration,
UniversityofSindh.

3. Overview
 Warranty
 Types of Warranties
 Expressed Warranty
 Implied Warranty
 Types Of Implied Warranty
 Warranty of quiet possession
 Mason vs. Burningham, 1945
 Conclusion

4. Warranty
In contract law, a warranty has various meanings but
generally means a guarantee or promise which provides
assurance by one party to the other party that specific facts
or conditions are true or will happen

5. TypesOf Warranty
 Expressed Warranty: (Provided by the contract)
An express warranty is one that is clearly stated (or
"expressed") either verbally or in writing.
 Implied Warranty: (Provided by the law, automatically)
An implied warranty automatically covers most consumer
goods valued over a certain amount, but only provides a
base level of protection for consumers.

6. TypesofWarranty

7. ImpliedWarranties…
1. Warranty as to Quiet Possession [Section 14(b)]:
The first implied warranty is that the buyer shall have and enjoy,
quiet possession of the goods.
2. Warranty of freedom from encumbrances [Sec. 14 (c)]:
The second implied warranty on the part of the seller is that “the goods
shall be free from any charge or encumbrance in favor of any third
party not declared or known to the buyer before or at the time when
the contract is made.”
3. Warranty of disclosing the dangerous nature of goods to the
ignorant buyer [Sec. 16 (3)]: :
The third implied warranty on the part of the seller is that in case the
goods sold are of dangerous nature he will warn the ignorant buyer of
the probable danger.

8. Warranty of quiet possession
It is an important implied warranty in every contract of sale.
According to this warranty, it is presumed that the buyer shall
have and enjoy the quit possession of goods.
This means that when the buyer has obtained the possession
of the goods, he has a right to enjoy them in any way he likes,
i.e. no one should interfere with the quiet enjoyment of the
buyer. If the buyer’s right of possession and enjoyment is
disturbed by anyone having a superior title to the goods, then
the buyer can recover damages from the seller through the
court of law.

9. Mason vs. Burningham, 1945
The plaintiff, a lady, purchased a second hand typewriter
from the defendant. She thereafter spent some money on its
repair and used it for some months. Unknown to the parties
the typewriter was a stolen one and the plaintiff was
compelled to return the same to its true owner.
She was held entitled to recover from the seller for the
breach of this warranty damages reflecting not merely the
price paid but also the cost of repair (Mason vs.
Burningham). [Notice that the decision in the instant case
would not change if we treat it as a case of breach of
condition as to title under Sec. 14(a)],

10. Conclusion
The breach of this warranty gives buyer a right to claim damages from
the seller.
In every contract of sale, the first implied warranty on the part of the
seller is that “the buyer shall have and enjoy quiet possession of the
goods.” If the quiet possession of the buyer is in any way disturbed by
a person having a superior right than that of the seller, the buyer can
claim damages from the seller.
Since disturbance of quiet possession is likely to arise only where the
seller’s title to goods is defective, this warranty may be regarded as an
extension of the implied condition of title provided for by Section
14(a).
In fact the two clauses of Section 14 [i.e., (a) and (b)] are overlapping
and it is not easy to see what additional rights this warranty confers on
the buyer over and above those conferred by the implied condition as
to title contained in Section 14(a).

11. Questions...?

12. ThankYou…!!!
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