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LAW OF SALES OF GOODS - Coggle Diagram
LAW OF SALES OF GOODS
Implied Terms
Sec11- implied terms as to time of payment
S14- Implied terms as to title
S14(b)- Implied warranty as to quiet possession
S14(3)- Implied warranty that the goods are free from encumbrances/burden.
S15- Implied condition that the goods must correspond with the description.
S16(1)(a)- Implied condition as to fitness for particular purpose
S16(1)(a)- Implied condition a to merchantable quality
S17(2)- Implied condition in a sale by sample
Remedies for the buyer
Sec 55(1) & Sec55(2)- Suit for price
Sec 56- damages for non-acceptance
Sec 58- Specific Performance
Sec 59(1)- Remedy for breach of warranty
Sec 60- Repudiation of contract before due date
Sec 61(1)&(2)- Interest by way of damages and special damages
Elements of contract sale of goods
Parties to the contract
Transfer of property in the goods sold
Price as consideration of the contract
The subject matter shall be within the definition of goods
Rights of unpaid seller against the goods
Unpaid seller's lien S.46(1) SOGA57
The right to resist (Hold)in transit S.50 SOGA 57
The right to sell again (resell) S.54 SOGA 57
Rights of unpaid seller against the goods- S45(1),S46(1)
Right of Lien - S46(1)(a)
Right of stoppage in transit-S46(1)(b)
Right of seller to resell-S46(1)(c)
Definition of contract sales of goods
section 4(1) - A contract of sale is a contract whereby the seller transfers/ agrees to transfer the property in goods to the buyer for a price.
Section 4(1) of SOGA 1957 states that a sale occur when ownership of goods passes to the buyer.
Terms of Contract
S12(2)- Condition
S12(3)- Warranty
Fitness and quality- S16(1)
General principle- "Caveat Emptor
Merchantable quality-S16(1)(b)
Transfer of Property
Provision provide to guide the transfer of property
Sale of unascertained goods
In sale of specific goods of ascertained goods
Sale of specific goods in a deliverable state
Transfer of title
Sale by person not the owner- NEMO
Nemo dat rule(exception)
Estoppel
Sale by a merchantile agent
Sale by one of the joint owner
sale under voidable contract-S29
Sale by a seller in possession after sale- S30(1)
Sale by a buyer in possession - S30(2)
Sale not from the owner-S14
Sale by sample- S17(1),S17(2)
Goods Correspond with Descripyion-S15
Classification of goods - S6(1)