Chap 5 : SOGA 1957 Flashcards
what the definition of goods according to SOGA act 1957?
“goods” refer to – ‘every kind of moveable property other than actionable claim and money; and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale’
what doesn’t include in goods according to SOGA 1957?
- land/ things attached to land such as building
- action or rightd (patentsexp ))
- services
what are 5 types of goods?
- existing
- future goods
- ascertain goods
- unascertain goods
- spesific goods
whats the definition of contract of sale?
where the seller transfer or agress to transfer property in goods to the buyer with price
when does contract of sale happened?
when there is goods, price and transfor of property
whats 4 formation of contract ?
- formation
- formalities
- capacity
- price
whats agreement to sell based on SOGA act 1957?
contract which the transfer of property take place at future time or subject to some condition to be fulfilled
when does agreement to sell becomes sale based on sec4 (4) soga 1957?
agreement to sell become sale when time elapses or condition are fulfilled wo hich transfer of property in goods transferred
whats 2 terms of contract?
- condition
- warranty
whats condition based on soga 1957?
a stipulation essential to the main purpose of contrcat
what is the right for innocent party if there’s breach of condition?
they have right to repudiate the contract and claim for damages
whats warranties according to soga 1957?
stipukation collateral to the main purpose of the contract
whats the right for innocent party if there’s breach warranties?
can claim damages only and treat contract to end
whats 5 implied condition?
- title
- sale by description
- sale goods by sample
- fitness for purpose
- merchantabke quality
what is implied condition as to title?
seller must have right to sell goods. breach condition, boleh claim damage and repudiate contract
case : rowland v divall ; beli kereta yg dah guna berapa bulan then realize yang jual takde right utk jual kereta tu jadi si pembeli kena pulang balik kereta dekat owner bukan yang jual tu. jadi pembeli boleh claim duit dia balik
whats implied condition as to description ?
barang takde depan mata and koita depends on decsription semata ii
- breach condition so boleh repudiate contract and treat to end
case : varley v whipp : buyer pruchase second hand machine. description kata mesin tu baru je setahun & baru potong dalam 50 ekar tapi hakikatnya dok. dia guna lebih and mesin tu mesin lama dh. jadi kira barang tu dok correspond dengan description so breach of condition
whats implied condition sale goods by sample?
goods tu biasa beli secara bulk to dia kan bagi sample saja. so it must correspond as well as sample
whats 3 condition in contrcat sale by sample?
- bulk must correspond w sample
- buyer have right and diberi opportubity untuk comoare sample dengan bulk
- if difference only minor nature, which tak nampak mata kasar its not breach of condition
case : godley v perry : a boy beli catapult. while using catapult tu rosak and mata dia buta what soever lost sight. shopkeeper bought by sample and tested overall semua okay. shopkeeper was sued sebab catapult not fit for purpose which unmerchantable quality. the action are against the whole seller. yang keluarkan barang tu dia boleh sue bukan yang jual tadi
whats inmplied condition as to fitness for purpose?
express or implied makes known to seller the particular purpose and based on seller’s skills
whats implied condition as fitness for purpose/
- disclosure purpose
- rely on seller skills
- goods supplied r of descirption of seller’s business suply
- not bought under patent
case: griffiths v peter conway : a woman have sensitive skin after bought a coat w/o telling seller yang dia ada sensitive skin. so she cannot breach of fitess purpose sebab orang lain yang beli okay je takde masalah. salah dia sebab dia tak bgaitau dia ada masalah kulit
whats implied condition as to goods must be merchantable quality?
goods shall be of merchantable quality provided that of the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to reveal.
cases: david jones v willis : Willis went to the shoe department of David Jones and told the saleswoman that she wanted a comfortable pair of walking shoes because she had a bunion on her foot. After trying on a number of pairs, she bought a pair which was recommended by the saleswoman. The third time that she wore the shoes the hell broke off one of them, causing her to fall and break her leg. The evidence showed that the shoes were not well made and that the heels had not been properly attached to the shoes.
Held - breach of implied condition of merchantabke quality
whats implied warranty as to quiest posession of goods?
buyer shall enjoy posession of goods which means takde gangguan dari oada seller tentang goods yang dia beli
whats is implied warranty as to goods are unencumbered?
goods ar efree from any charge or encumbrance favor 3rd party. ( contoh mcm gadaian )
whats doctrine of caveat emptor?
let the buyer beware. which is the buyer have responsible to check the qualty of goods before making any pruchases
whats the exception of caveat emptor?
- no opprtunity for inspection which is takde peluang untuk cek barang dulu sebelum purchase
- buyer has toi rely on seler judgement skills
what is nemo dat quod non habet/
if goods are bought from a person who is not the owner, and who does not sell them under the owner’s authority, the buyer does not acquire any title.
whats 6 exception to the nemo Dan quad non habet?
- estoppel
- sale by mercantile agent
- sale by joint owner
- sae under voidable title
- slae by seller in posession after sale
- sale by buyer in possession
whats estoppels?
owner by his conduct, makes it appear to the buyer that the person who sells the goods has authority to do so
whats sale by a mercantile agent/
any sale by mercantile agent when acting in the ordinary course of business of a mercantile agent r valid if he were expressly authorized by the owner of the goods
- must acted in good faith, had no notice that seller had no authority to sell
cases : folkes v king : folkes tuinggal kereta dekat agent pastu jangan jual kurang dri harga asal tapi agent dia jual murah and tk bagitau dekat folkes. folkes sued recover kereta dri king
whats sale by one of joint owner?
- goods owned by more than one person.
- Section 28 SOGA 1957 provides that if one of the owners of goods has the sole possession of them by permission of the co-owners, the property in the goods is transferred to the buyer who buy with good faith and has no notice that the seller has no authority to sell
whats sale under voidable title?
dable under Section 19 or 20 Contract Act 1950, but the contract has not been rescinded at the time of the sale, the buyer acquires a good title to the goods provided he buys them in good faith and without notice of the seller’s defect of title.
whats sale by a seller in posession after sale?
Section 30(1) SOGA 1957, if a seller resells to a second buyer the goods sold by him previously to the first buyer, the second buyer will obtain good title to the goods if he has received the goods in good faith and without notice of the previous sale.
whats sale by buyer in posession?
Section 30(2) SOGA 1957, if a buyer, having bought or agreed to buy goods, obtains possession of the goods or the documents of title with the consent of the seller, he can pass a good title to a subsequent buyer acting in good faith, even if under the first transaction, he has not obtained a good title.
whats 6 remedies for breach of contract?
- Rights to sue unpaid seller against the goods;
- Rights to sue for breach of contract;
- Rights of the buyer to sue for damages for non-delivery;
- Rights of the buyer to commence an action for specific performance;
- Remedies available to the buyer for breach of warranty; and
- Buyer’s action in tort
whats 3 right of unpaid seller against goods?
lien. : seller boleh simpan barang tu dulu untill buyer buat payment
stoppage in transit:
- a right of seller of stopping the goods in transit in the case of buyer’s insolvency.
resale :
- seller have right untuk resale kalau goods perishable nature barang cepoat rosak
- givenotice kepada buyer kalau tk buat payment dia akn resale barang tu dekat orang lain
- seller expressly reserves a right of resale in case the buyer should make default and the buyer makes such default.
whats right of seller to sue for breach?
- goods tu dh pass dekat buyer but buyer refuse to pay
- price yang kena buat payment have been contract dia punya date and buyer neglect / lambat bayar
whats the right of buyer to sue for non-delivery?
kalau seller tak deliver barang, boleh sue seller and claim damage sbb tak deliver barang
whats right of buyer to bring action for spesific performance?
- boleh buat any action by delivery of spesific / ascertained goods
- usuallyt ordered by court when goods r special kind
what remedies available to buyer for breach of contract?
bila seller breach waranty tapi refuse utk bayar damage etc, buyer cannot reject goods tapi
- Set up against the seller the breach of warranty in diminution or extinction of the price
- sue seller for damage for breachj warranty, even buyer setuju nk kurangkan price still sue for damages sebab breach warranty
