8. Sale of Goods Flashcards
What is conversion?
A deliberate action (a tort) in relation to goods which is so inconsistent with the rights of the owner as to exclude him or her from use and possession of the goods and to constitute a denial of the true owner’s title to the goods
What is emblements?
Annual crops which are produced for harvest as opposed to plants occurring naturally on the land
What is meant by fit for purpose?
That the goods are reasonably fit for the particular purpose for which they were bought by the consumer
What is merchantable quality?
Goods fit for the purpose of sale, match description, price, quality, purpose, etc
What is the ‘Romalpa Clause’?
A term in the contract giving the seller the right to retain the property in the goods until certain conditions imposed by the seller are met ( until they have been paid in full)
What makes someone a consumer?
Amount payable is less than $40k or are for domestic, personal or household use and consumption.
Vehicle or trailer acquired to use on public roads.
When is someone not a consumer?
Bought for the purpose of re-supply
In the course of repairing or treating other goods or fixtures on land
A contract for sale of goods includes?
A sale of goods ( executed contract)
An agreement to sell goods (executor contract)
What are the 4 types of goods?
Existing goods (owned by the seller) Future goods (to be made by the seller after the contract is made) Specific goods (goods identified and agreed upon at the time of making the contract) Unascertained goods (goods sold by description, no particular good was picked though)
What are implied terms which are covered under the Sale of Goods Act?
Title Correspondence with description Fitness for purpose Merchantable quality Correspondence with sample
Are there common remedies with two Act’s?
Yes, the Sale of Goods Act and Australian Consumer Law. If there is a conflict between the two, ACL applies
What is the Sale of Goods Act?
Each state and territory has a different Act, all similar and based around the Sale of Goods Act 1893 UK
Why is it important to determine when ‘property’ in goods passes?
One person may own same time as someone else
Risk of loss lies with the owner even if they don’t have it in their possession.
If someone who is not the true owner of the goods sells to someone, the title may pass to the new owner and extinguish the first owners rights.
What is Estoppel?
The owner of the goods is prevented by their conduct from denying the seller’s authority to sell
What are remedies if the seller is unpaid?
Withhold delivery Stopping goods in transit Reselling them if perishable Also have the rights for any loss on delivery and storage charges. A right of resale
