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CHAPTER 10: LAW OF SALE OF GOOD - Coggle Diagram
CHAPTER 10: LAW OF SALE OF GOOD
Classification of property
Property
Immoveable Property (real property)
Moveable Property (personal property)
Definition of some important terms
Goods (Section 2 SOGA 1957
Types of goods (section 6 SOGA 1957
Existing goods
Future goods (section 2 SOGA 1957
Contract of sale
Section 4(I) SOGA
Price
Section 2 SOGA
Terms of contract: Conditions and warranties
Division
Section 12(I) SOGA
Implied terms/Indirect terms
Implied terms regarding payment time.
Implied terms of ownership
Implied warranty as to the right of the buyer to enjoy quiet possession
) Implied warranty that the goods are free from charge or encumbrances
Fitness (suitability) and quality of trade (merchantable quality)
The general rule
Exceptions
section 16(I)(a) SOGA
The buyer must make known, either expressly or impliedly to the seller at or before the time when the contract is made, the particular purpose for which the goods are required
The buyer is relying on the seller’s skill or judgment
The goods are of the description which it is during the seller’s business to supply
If the goods are specific, they must NOT be sold under their patent or trade name
section 16(I)(b) SOGA
Sale by sample
section 17(I) SOGA
section 17(2) SOGA
(a) the bulk shall correspond with the sample in quality
(b) the buyer shall have a reasonable opportunity to compare the bulk with the sample