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Sale of goods (Implied Terms (Satisfactory Quality and Fitness for Purpose…
Sale of goods
Implied Terms
Title 12: there is an implied condition that the seller has the right to sell the goods, in the case of the agreement to sell the goods; to sell he will have such right at the time when the property is to pass
Niblett v Confectioners' Materials (1921) tin with labels
Rowland v Divall (1923) stolen car
Sale by description 13: occurs when buyer enters into a contract of sale in reliance on the description of the goods given by the seller IMPLIED CONDITION: CORRESPOND WITH THE DESCRIPTION
Lian Huat & Co (Pte) Ltd v Megah Commercfial Co (1978)) nutmeg
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Sale by Sample 15: contract for sale of goods by description, there is an implied term that the goods will correspond to the description (sometimes no D just sample)
Harrisons & Crosfield (NZ Ltd v Lian Aik Hang (1987) peanut by sample
Mohsin Abdullah Alesayi v Brooks Exim Pte Ltd (1993) jeans of poor quality
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the goods will be free from any defect, which defect would not be apparent on reasonable examination of the sample 15(2)
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Meaning of goods: All personal chattels other than things in action, crops, things attached or of forming part of the land which are agreed to be severed before sale
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Delivery
Meaning: Voluntary transfer of possession from one person to another, usually it is sufficient if the seller places goods at the disposal of the buyer ; do not have to be physical move of goods
If there a 3rd party, its acknowledgement determines that he holds good on the behalf of the buyer ; if cannot due to buyers fault - goods treated as delivered
Seller's Duty to deliver
Place of delivery : OLD CL - no need to take to seller, enough that he gives buyer the chance to take possession at agreed place of delivery
SOGA - depends on the terms - implied or expressed between parties
PLACE: sellers place of business, residence, special goods - where its known to be
Time of Delivery: sometimes its the ESSENCE , commercial contracts if fail - refuse goods is ok
Charles Rickards Ltd v Oppenheim (1950)) Rolls Royce - no specific time - reasonable time
Delivery of wrong quantity : can reject if fails to delivery exact, but cannot if its small and reasonable cause of circumstances
Shipton Anderson v Weil Brothers (1912) gives more wheat but dw accept??
Delivery by instalments : can say no, not obliged , accept already if the seller fail to deliver remainder goods, can reject if able to return what is initially delivered (s. 31)
SOG contained SOGA, which states the law on issues such as the ownership of goods passes to the buyer; implied quality of goods; what happens when actual goods are different from samples shown and other issues.
Contracts of sale of goods: a contract by which the seller transfers or agree to transfer the property in goods to the buyer for a money consideration called price .
DOES NOT INCLUDE: DEBTS, SHARES, INTANGIBLE PROPERTY, MONEY UNLESS COLLECTIBLES