Head 11: Transfer of corporeal moveables Flashcards
What are the requirements of transfer?
Delivery and mutual intention
What is actual delivery
if the person is in natural possession of property m the possession is transferred to another by physically handing over the property
What is constructive delivery?
Where civil possession is held by the transferor, this may be transferred by ‘constructive delivery’
What is symbolical delivery
Where a symbol of the property is handed over instead of the property itself. A special type of constructive delivery
What is the governing legislation
Sale of goods act 1979
What are specific goods?
Goods ascertained and agreed upon at the time the contract is made, including an individual share, specified as a fraction or percentage of goods identified and agreed on
What are unascertained goods?
Goods not identified and agreed upon at the time the contract is made
What is the general rule concerning the ownership of goods?
The general rule is that ownership of goodscannot
be transferreduntil the goods areascertained, s 16. This is the specificity principle.
So specific or ascertained goods are transferred at such time as the parties intend
What are the 5 model rules in section 18 concerning transfer
Rule 1: where there is anunconditional contract for the sale ofspecific goods in a deliverable state, ownership passeswhen the contract is madeand it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Rules 2 and 3: where, in relation to specific goods,seller has (a) to put the goods in a deliverable state,
or (b) to weigh, measure or carry out some other act with respect to the goods in order to fix the price, ownership does not pass until that is done and the buyer informed.
Rule 4: relates to goods delivered to the buyer on approval or on sale or return.
Rule 5: where there is a contract for the sale ofunascertained or future goods by descriptionand goods of that description and in a deliverable state areunconditionally appropriatedto the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, then ownership passes to the buyer, and the assent may be expressed or implied and may be given either before or after the appropriation is made.
