Dagger problem Flashcards
(1) what must we first establish?
That there are two contracts made.
(2) legislation for contract for sale of goods
SOGA S2(1) : A contract for the sale of goods is a contract where the seller agrees to transfer property for money.
(3) legislation for what goods are
SOGA S61 : All corporeal moveables except money
(4) legislation for when we agree to sell something at a future time?
SOGA S2(5) : An agreement to sell when it is an agreement to sell at a future time
(5) legislation for a different intention
SOGA S18 : unless a different intention appears. therefore S18 is displaced as A and B agree to sell at a later date which is a different intention.
(6) who gets the property? who gets what right?
A has delivered to C with the intention that property should pass. C gets a real right and B gets a personal right.
(7) Can B reduce the contract between A and C?
which rule is this?
B may be able to have C’s title voided if C knew the grant between A and B was done in an existing contract. B’s personal right can trump C’s real right.
This is the offside goals rule.
Can C make Z the owner? under which conditions if so?
what is our authority for this whole scenario?
Yes. If Z is in good faith where they believe that C acquired the corporeal moveable lawfully then Z has a valid right.
our authority for this is Mcloud v Kerr
