class 1

Question 1

What is at the heart of commercial transaction?

Answer 1

Sale of good.

Question 2

The sale transaction is a matter for domestic law?

Answer 2

Yes. The Convention on the International Sale of Goods (CISG) does not apply to transfer of property.

Question 3

SGA only applies when the transaction can be characterized as what?

Answer 3

A contract for the sale of goods.

Question 4

What is SGA about? 
A.Set out time; 
B. when goods are sold by a party who is not a true owner;
C. performance and remedies regime; 
D. liability regime

Answer 4

A-D

Question 5

What are the traditional classification of personal property?

Answer 5

chattels real and chattels personal.

Question 6

The statutory definition of goods in SGA have been modified in other legislation, including ?

Answer 6

TPA and State Fair Trading Acts.

Question 7

Q: S 5(1) “Goods”:
In this Act, unless the context or subject-matter otherwise requires:
“Goods” include all *other than things in * and money. The term includes * and things attached to or forming part of the land which are agreed to be severed *or under the contract of sale.

Answer 7

chattels personal; action; emblements; before sale

Question 8

Q; TPA: S4(1) “goods”:
In this Act, unless ** , “goods” includes-
(a)Ships, aircraft and other vehicles;
(b)Animals, including ;
(c)Minerals, trees and , whether on, under or attached to land or not; and
(d )*.

Answer 8

the contrary intention appears; fish; crops; Gas and electricity

Question 9

Q; In St Albans City and District Council, is there any statutory implied term under SGA (UK)?

Answer 9

No, only under common law.

Question 10

Q: Is program and software the same thing?

Answer 10

No, software= program +physical form (e.g., disk).

Question 11

Q: are disk and program goods?

Answer 11

A: Disk yes, program no.

Question 12

Q: What analogy did the court use to infer that if the disk was purchased or hired, then statutory implied term will apply?

Answer 12

A: Defective instruction manual on the maintenance and repair of a particular make of car. (instruction- manual v program - disk)

Question 13

Q: what is the key fact that made St Albans unable to rely on statutory implied term?

Answer 13

A: The disk was not sold or hired. An employee of CIL brought the disk to the office and installed the program on the St Albans’ computer.

Question 14

In Telstra Corporation Ltd v Hurstville City Council:

Q: The court consider whether or not ** is goods?

Answer 14

A: Electromagnetic signals (electromagnetic waves) passing along the coaxial cables and content carried by those signals were goods

Question 15

In Telstra Corporation Ltd v Hurstville City Council:

Q: Was there any precedent directly about whether electromagnetic signals are goods?

Answer 15

A: No. But Pont Data Australia ENCODED ELECTRICITY IMPULSES

Question 16

In Telstra Corporation Ltd v Hurstville City Council:

Q: Information is not goods, but service, based on which case?

Answer 16

A: Adam v Rau: about production of transcripts.

Question 17

In Telstra Corporation Ltd v Hurstville City Council:

Q: What did a pay television subscriber get?

Answer 17

A: a right to view

Question 18

Q; the TPA does not deal with transfer of property?

Answer 18

A: correct.

Question 19

Q: For SGA to apply there must be a contract for the sale of goods, which is necessary for application of other parts of SGA, notably *, right against * and actions for *

Answer 19

A: implication of terms, rights against goods, and actions for breach of contract.

Question 20

Q: The concept of a contract for the sale of goods itself involves the notion of *?

Answer 20

A: the transfer of property in goods.

Question 21

Q: what are the key elements of s6(1)?
S6(1):
Sale and agreement to sell
(1)A contract of sale of goods is a contract whereby the seller transfers or * the property in goods to the buyer for a money consideration called the price. There may be a contract of sale between *.

Answer 21

A: Elements: contract, sale, goods, money consideration called the price, a transfer of property and an agreement to transfer property.

agrees to transfer; one part owner and another

Question 22

Q; Is the SGA a complete codification? What has not been defined here?

Answer 22

A:

Question 23

Q: s6(2): a contract of sale may be * or *.

Answer 23

A; absolute or conditional; subject to some condition thereafter to be fulfilled;

Question 24

Q s6(3): (3)Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale; but where the transfer of the property in the goods is to take place at a future time, or *, the contract is called an agreement to sell.

Answer 24

A: subject to some condition thereafter to be fulfilled;

Question 25

Q: s6(4): An agreement to sell becomes a sale when* or *, subject to which the property in the goods is to be transferred.

Answer 25

A: the time elapses or the conditions are fulfilled, subject to which the property in the goods is to be transferred.

Question 26

Q:Who are the parties to the contract?how might a buyer already be a part owner of something the buyer is buying?

Answer 26

A: a member of unincorporated clubs Graff v Evans (1982)

Question 27

Q: what are the two meanings of contract of sale? What types of goods may be the subject of an “agreement to sell”?

Answer 27

A: a sale and an agreement to sell.

Question 28

In Deta Nominees Pty Ltd: what are the cases Fullagar J criticized?
A. Caly v Yates
B. Lee v Griffin
C. Lyons v Hughes.
D. Robinson v Graves

Answer 28

A and D

Question 29

Q: Deta Nominees Pty Ltd is about distinction between two different kinds of contracts, what are they?

Answer 29

A: A contract for the sale of goods and a contract for services that is a contract for work (labour and skill) and materials.

Question 30

Q: in Deta Nominees Pty Ltd, what case is about artificial teeth? did the defendent succeed?

Answer 30

A: Lee v Griffin; yes, relying on Statute of Fraud. The court classified the contract as one for work and labour done, but not sales of chattel.

Question 31

Q; in Deta Nominees Pty Ltd, Fullagar J does not agree that value of the skill and labour, as compared to that of the materials supplied, is a criterion by which to decide whether the contract be for work and labour or for the sale of a chattel, which is laid out in which case?

Answer 31

Clay v Yates

Question 32

Q: there the subject matter of the contract is the sale and delivery of the chattel, and the party applying it cannot recover for work and labour. Correct?

Answer 32

A: Yes. Blackburn J in Lee v Griffin also made the same comment.

Question 33

Q: for a contrat of sale of goods, if the party has done work and labour which ends in nothing that become the subject matter of a sale, the party can still sue for goods sold and delivered.

Answer 33

A: Incorrect, according to Blackburn J in Lee v Griffin

Question 34

Q: which case is about: a contract for a printer to print a book, the printer supplying the paper, was interpreted as one for work and materials]. Does Fullagar J agree that the idea that the printer of book is merely doing work upon the novelist’s industrial property consisting of his plot and story and idea?

Answer 34

A: Deta Nominees Pty Ltd;

He does not agree.

Question 35

Q: when Fullagar J applies the test of Robinson v Graves, did he conclude that the contract is the contract for sale of goods? what about applying Lyons v Hughes and the reasoning of Blackburn J in Lee v Griffin?

Answer 35

A: yes.; the same.

Question 36

Q: For a contract for work or skill, what is considered as incidental?

Answer 36

A: the supply of materials or other goods

Question 37

Q: The essential character or substance of the contract test is set out in which case?

Answer 37

A: Robinson v Granves (1935) painting

Question 38

Q: Which case sets out the test: if a chattel was produced, no matter how high the skill involved, then it was a sale of goods?

Answer 38

A: Griffin v Lee (1861) UK

Question 39

Q; the fact of Deta Nominee: Fullagar J described the die produced as equating to a piece of artwork fto which the existence of material (fabric/canvas) is incidental?

Answer 39

No, he said on the contrary, the precise fabric of the article of furniture to be produced by the tool in the present case is of great importance.

Question 40

Q; The fact of Deta Nominee: the contract is a written or oral contract? A contract for making the dies for *, Delta provided * and Viscount proposed *; under the contract, when the property of the die was passed?The die would be in the custody of * while the drawers were still being made. whent he drawers were no longer being made, the die would be given to *. The die would be used to only make drawers of Deta. what demand Viscount later made? Deta used for what? Detal argues that this is a contract for *, why?

Answer 40

injection-mounded plastic drawer;
dimentions; method of construction.
the property of the die was passed when the die was made and a satisfactory number of drawers were made and delivered to Deta.
Viscount kept the die, refused to supply the drawers except at a higher price and indicated tht they would suppply drawers to others.
specific performance for delivery of the die; oral contract so Deta argues this is a contract for work and material.

Question 41

In Toby Constructions: Ward Computers sold a computer system to Toby Constructions. The equipment consists of three items of hardware and two items of software.
which is more expensive, hardware or software?
There are a warranty that the equipment would be delivered within 30 days from the date of the agreement.
The vendor agrees to install, train and after-sales service.
Also warranties in respect of the operation of the equipment.

Answer 41

Hardware. The total price was 14390. ie 12230 for the hardware and 2160 for the software.

Question 42

Q: In Tobby Constructions, Roges J said the subject of the contract was not listed in the Acts TPA or SGA?

Answer 42

A: Correct.

Question 43

Q: In Tobby Constructions, does Roges J think there’s a clear answer as to whether a sale of software alone is a sale of goods?

Answer 43

A: No. He said legislative reform may be necessary.

Question 44

Q: In Tobby Constructions, what test is applied? Resulting chattel test or substance of contract test?

Answer 44

A: substance of contract

Question 45

Q: In Tobby Constructions, Rogers J fond the system, more analogous to a mass produced print of a painting or a one-off painting?

Answer 45

A: mass produced print of a painting because the system including software, was mass produced.

Question 46

Q: In Tobby Constructions, the fact that the bulk of costs go to the hardware indicates that that contract is a contract of sales of goods. Correct?

Answer 46

A: No.

Question 47

Q; In Tobby Constructions, defendant argues that the substance of the contract was the sale of * therefore the contract was a contract of labour and skill.

Answer 47

A: command module

Question 48

Q: In Tobby Constructions, Rogers J said what other factors should look at?
A.All the features of the object of the sale,
B.the nature of the material which was to be supplied,
C.price,
D.the terms of installation,
E the work which the system was deigned to effect

Answer 48

A: A-E

Question 49

Q; is the US case Triangle Underwriters Inc v Honeywell inc 457 F Supp 765 helpful?

Answer 49

A: maybe, it’s also a sale of the whole system, the court said yes it’s a sale of goods.

Question 50

is it a contract of sale of goods for a moeny consideration called the price: where there’s a price which is not spelt ou tin the contract, when the price cannot be determined in this way (what way?) then the price is a reaonsable price. There is an exception to this : if there’s to be * to determine the price and this is not made. The exception to this excpetion is if *

Answer 50

price has been fixed as a sum, as a method, or can be determined by a course of dealing.
third party valuation
the property has passed to the buyer, in which case the price is a reasonable price.

Question 51

when the goods perish before the contract is made without the knowledge of the seller, the contract is *, ursuant to *

Answer 51

void; s11 of SGA
Where there’s a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void.

Question 52

s5(1) of SGA defines “specific goods” as :

Answer 52

goods identified and agreed upon at the time a contract of sale is made.

Question 53

s57 Exclusion of implied terms and conditions:
Where any **or * would arise under a contract of sale by *, it may be negatived or varied by *, or by * between the parties, or by *, if the *be such as to bind both parties to the contract.

Answer 53

right, duty, liability;implication of law; express agreement;the course of dealing;usage

Question 54

can you contract out of the application of s11 by virtue of s57? what is the arguement for and against it?

Answer 54

No. by implication of law, s11 does not give rise to positive contractual obligations,
yes: s57 can operate on s11 by saying that a contract of sale of goods referred to in s57 would include a contract which is void under s11. although by implication of law, s11 does not give rise to positive contractual obligations, , there would still be other oblgiations if a contract is voild by virtue of s11. (return of money paid)

Question 55

s12 Goods perishing before sale but after agreement to sell

Where there is an agreement to sell *, and subsequently the goods without perish before , the agreement is thereby .

Answer 55

specific goods, any fault on the part of the seller or buyer;
any fault on the part of the seller or buyer ;avoided

Question 56

s25 Risk prima facie passes with property
Unless *, the goods remain at the *’ risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the *’s risk, whether *

Provided that where delivery has been * through the fault of either buyer or seller, the goods are at the risk of the party *as regards any loss *

Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as a * of the goods of the other party.

Answer 56

otherwise agreed
sellers;buyer;
delivery has been made or not;

delayed;in fault ; which might not have occurred by for such fault;

bailee

Question 57

Although risk is used in ss11, 12, it’s not defined in the Act? The risk here is the risk to the goods themselves, which may be occassioned by loss, *, death, *, fire or storm. In UK law, risks are tied to *

Answer 57

theft, diease,

passing of property;

Question 58

Can partes agree who is to bear the risk to the goods?

Answer 58

s25 see e.g., Sterns Ltd v Vickers Ltd [1923]

Question 59

s12 SGA: avoidance here refers to a contract being void ab innitio? what concept and what other act are relevant

Answer 59

No, to the termination of the agreements.
s 12 codifies part of the effect of frustraction
Frustrated Contracts Act 1978: s5 includes avoidance under s12 SGA.

Question 60

if s12 does not apply the CL rules regarding frustration may apply?

Answer 60

Yes.

Question 61

the good perish after the contract and after risk has passed who bears the loss? on the basis fo what rule?

Answer 61

buyer. Res perit domino; P380

Question 62

In Symes v Laurie [1985] 2 Qd R 547:
Which statement is false?
(1)The “House removal contract” is a written contract.
(2) s 3 of the UK’s act is almost identical to s5 (1) of the SGA.
(3) The contractor owns the land the house was attached to as of the time of making the contract.

(4)The house was seriously damaged in the course of transportation without the fault of the transaction parties.

Answer 62

A: (3) incorrect, the land was owned by a stranger.

Question 63

Q: Was the primary judge’s decision upheld?

Answer 63

A: Yes. house is Goods
Although the two judges disagreed on the applicable rule under s21, they both agreed that applying the rule they respectively regarded as the correct rule, the same conclusion will be reached. The conclusion is that the property passed when the contract was made so that at the time at which the damage was suffered at the house was the property of the appellant.

Question 64

Q: s21 of the US’s SGA sets out rules to ? under their contract, who was responsible for delivering the house?

Answer 64

A: ascertain the parties’ intention; contractor- also responsible for affixing the house, repair and obtaining council approval, ect.

Question 65

Q: what Kneipp J disagreed with Kelly J on?

Answer 65

The applicable rules: Kneipp J opted for rule2 while Kelly for rule 1.
s21, but rule 2 is analogous:
“where there’s a contract for the sale of specific goods and the seller is bound to do something to the goods, for the purpose of putting them into a deliverable state, the property does not pass until such thing be done, and the buyer has notice thereof.”
Rule1:
When there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery , or both, is or are postponed.