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SALE OF GOODS ACT (5 Implied terms (s.12(1)Title (s12(1): a seller can…
SALE OF GOODS ACT
5 Implied terms
s.12(1)Title
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If breached, buyer can treat contract as repudiated & refuse to carry out obligations. Get money back even if goods are used.
s.13 Sale by description
Buyer buys based on seller's description. So, goods will correspond with description
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s.15Sale by sample
Implied that bulk of goods will match quality of sample and is free from any defect which makes them unsastifactory, if the defect was not apparent in the sample
GOODS
All personal chattels,crops,things attached to land
Definition
All personal chattels,crops,things attached to land
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Not covered by SOGA
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BAILMENT
Possession transferred but not ownership. Occurs when goods are passed to another person for safekeeping
BARTER
Exchange of goods only, without any money being paid
Passing of property
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s.18: 5 RULES
- Specific goods+deliverable state: when contract is made.
- Specific goods+S must do something to make them deliverable: When thing is done and B has notices
- Specific goods+deliverable but S must do an act eg.measure/weigh/test: When act done and B has noticed
- Goods delivered for B's approval: When B approves
- Unascertained/future goods by description: When goods of that description and in deliverable state are unconditionally appropriated to the contract
DEFINITION
Contract by which seller agrees to transfer the property in goods to the buyer for a money consideration, called the price.
Can be in writing, part writing & oral, by conduct.
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Remedies
Seller: sue for price, claim damages for non-acceptance
Buyer: recover money paid, claim damages for non-delivery