NATURE AND FORMATION OF CONTRACTS OF SALE OF GOODS

Question 1

DEFINITION OF SECTION 4(1) OF THE SALE OF GOODS ACT, 1957

Answer 1

A CONTRACT WHERE THE SELLER TRANSFERS OR AGREES TO TRANSFER THE PROPERTY TO THE BUYER FOR A PRICE

Question 2

3 MAIN ELEMENTS IN THE SALE OF GOODS ACT, 1957

Answer 2

1. GOODS MUST BE AVAILABLE
2. SELLER AGREE TO TRANSFER THE PROPERTY IN GOODS
3. THERE IS A PRICE

Question 3

SECTION 2 OF THE SALE OF GOODS ACT, 1957

Answer 3

THE DEFINITION OF BUYER AND SELLER

Question 4

DEFINITION OF BUYER AND SELLER IN THE SALE OF GOODS ACT, 1957

Answer 4

A PERSON WHO AGREES TO BUY GOODS AND PERSON WHO AGREES TO SELLS GOODS

Question 5

DEFINITION OF GOODS IN SECTION 2 OF THE SALE OF GOODS ACT, 1957

Answer 5

“Every kind of movable property other than actionable claims 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 severed before sale or under the contract of sale will be considered goods”

Question 6

what is the meaning by sales of land is not sales of goods?

Answer 6

things that erected/ found on the land, are not goods

ex. trees, minerals, soil are part of the land so cannot be classified as goods.

However, if the things that have been moved out of the land can become goods

Question 7

MORGAN V RUSSEL

Answer 7

THE VENDOR THE OWNER OF CERTAIN LAND. HE THEN SOLD SLAG AND CINDERS TO BUYER.

THE SALE OF SLAG AND CINDERS ARE NOT SALE OF GOODS

BECAUSE IT IS NOT SEPERATED FROM THE LAND