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Topic 5 part 1: Sale of Goods - Coggle Diagram
Topic 5 part 1: Sale of Goods
Introduction
applies to
commercial sales, private sales, wholesale, retail, second-hand goods
, except for land/real estate. Exp: products, shares, crops
Elements of a contract
sells and transfers
the property in goods
to the buyer for the price
Implied Terms in a Contract of Sale of Goods
s.14(a) implied condition as to title
the seller must be the
owner
or has a right (
authorized agent
) to sell
:red_cross: right to sell
the goods are
stolen
or
not given permission
to sell
s.15 implied condition in a sale by description
the goods are to be
acquired in future
the buyer
relied on the description
(either seen or has not seen)
irrelevant
for the goods are still of
merchantable quality
, as long as there is
some discrepancy in particulars described
s.16 implied condition as to fitness or quality
s.16(1)(a) goods must be fit for purpose
s.16(1)(b) goods must be of merchantable quality
Breach of Contract
rescind contract + claim damages
affirm contract + claim damages
Passing of Property
specific, ascertained goods
: the parties
intend
it to pass
unascertained goods
: selected, identified and
earmarked
Passing of Risks
risk passes when
property in goods passes
, regardless of delivery
s.27 "Nemo Dat" Rule
the buyer does not get a good title from the seller
Exception
:star:
s.27 Transfer of title by Estoppel
the proviso to s.27 Sale by a Mercantile Agent
s.28 Sale by one of joint-owners
s.29 Sale under a voidable title
s.30(1) Sale by Seller in possession
s.30(2) Sale by a Buyer in possession
Delivery of Goods
s.2 voluntary transfer of possession from one person to another
s.31 seller's duty to deliver the goods in conformance(comply) to contract; buyer;s duty is to accept and pay for the goods
s.33 the effect of putting goods in the possession of the buyers or any authorised person
the seller is deemed to have fulfilled his duty
delivers the goods to
buyer's address
to a person who
appears to be authorised to accept delivery
even if that person is
in fact unauthorised
Delivery of wrong quantity (s.37)
less: reject OR accept
more: accept the goods and reject the rest OR reject the whole consignment OR accept the whole consignment
Acceptance and Paying for Goods
s.41
: the buyer has
not previously examined the goods
-
not considered to have accepted goods
until and unless he as a
reasonable opportunity of examining
the goods
s.42: the buyers deemed to have accepted the goods
makes known to seller
does not act to the goods that is inconsistent with the seller's ownership
without indicate to the seller that he has reject the goods