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Niblett v Confectioners' Material, [1921] 3 KB 387


Buyer seeks to recover damages from the seller on the ground that the goods delivered were not in accordance with the K of sale. Parties entered K for sale of 3000 cases of milk. K made at an interview, but later written down. 2000 cases delivered – but 1000 other cases had a label on it that was trademark infringement. Buyer wanted to rescind K


Right to sell = seller has power to vest full and complete rights over the goods in the buyer. Right of quiet enjoyment can be interfered with if there is an injunction on the goods


Buyer had no right to sell the goods the way they were – therefore the seller did not obtain quiet right to possession.
Seller was prevented from selling good because of an injunction – so he did not have right to the goods even though he legally owned them
s.13(b): Quiet possession – if there is an injunction preventing seller from selling goods then obvious that it will disrupt the buyers quiet possession of the goods


P established their action – were able to rescind K

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