Sale of good Act Flashcards
Bailor
Owner
Bailee
Possesor
Gratutious Bailment for the benefit of the bailee
all reasonable percautions
Bailment for value/ Bailment for reward
Industrial standard
Gratuitous Bailment for Benefit of the bailor
a level of car a reasonable person takes of his or her own goods
Sale of Goods act
Rule #1 Unconditional contract with a sale of specific good in a deliverable state title transfer on contract
Rule #2 Unconditional contract of specific good not in a deliverable state titles transfers when it is put into a deliverable state and buyer is notified
Rule #3 Unconditional contract for specific goods that require weighting test or grading title transfers when done and buyer is notified
Rule #4 Goods on Approval title transfer when
a) buyer signifies with approval
b) when buyer retains the good on preset or reasonable time
Rule #5 Unascertained or future good
1) title transfers when good is allocated or set aside
and
2 a) Buyer ascents
b) the good is delivered to a third party courier
Vendors Lien
Even if someone becomes owner of item if not paid you can gold item
2 types of terms in a contract
condition- an essential term in a contract
has to state its a condition
warranty non essential term
-if breach entitled to damages
Implied conditions
1) Good sold by sample will comply with samples
2) goods sold by description must comply with the description must comply with the description and be of merchantable quality
3) Fitness for purpose only where buyer identifies need to seller and relies on seller advise
4) Time for delivery
5) Right to sellr
(payment may not be a conditions)
Debt security
Personal property security act
Personal Property security registry
Specific security agreement
lists the security being offered by the debt
I.E take a loan out on a car bank can trace it and reposse it
General Security Agreement
pledge everything
demand - crystallization -right to take everything at the moment
Realization of security
notice of intention to enforce security
seizure by baliff
after seizure you have 21 day redemption period if failed baliff sale
1 cost
2 debts/interest
3 surplus to others
(Owner is responsible for shortfall)
Exception seize or sue rule -consumer food they choose to seize your stuff or sue you