Sale Of Goods Flashcards
To learn about the sale of goods in Ghana😭
Contract for sale of goods!
A contract for sale of goods is a contract whereby a seller agrees to transfer the property in goods to the buyer for a consideration called the price; consisting wholly or partly of money. (Section 1(1))
Customary law may apply in issues of sale
What’s the case?
Ackaah v Asane
How do Courts resolve matters of sale?
a) where parties themselves have expressly agreed that either the commin law / customary law shall apply to their transactions
Or
b) from the nature of their transactions, the parties may be said to have impliedly agreed to apply either common law or customary law
Elements of contact of sale of goods
1) Two parties; buyer & seller
2) Subject matter must be goods (section 5)
3) There must me a price (wholly or partly money)
4) Sale must be absolute or conditional (section 1(4))
5) Contract must have all elements of a valid contract
Section 1(4)
Contract of sale may be absolute or conditional
Section 16
Time of delivery:
Must be delivered within reasonable time
Time of delivery is a condition in the contract of sale
Parties may agree to have delivery done on date other than initially agreed. In that case, they must be delivered and must be accepted
Where no date is substituted, must be delivered within reasonable time.
Reason for postponing delivery
Nature of goods to be delivered
These are factors on which ‘reasonable time’ is considered.
This was laid out in which case?
Nanor v Autoparts
Section 6(1) & (2)
Price may be fixed by contract/manner agreed by parties/determined by course of dealing between parties
Where price is not determined according to section 6(1), buyer must pay a reasonable price
Halabi v Wiredu
Price is fixed according to manner agreed by both parties
Absolute sale
Where all the rights (title and possession) are transferred to the buyer immediately upon paying the price to the seller.
Conditional sale
Where property is passed based on certain conditions buyer and seller agree upon.
Goods according to section 81
Goods means movable property including things attached to or part of the land that have been agreed to be severed by or under the contract of sale
Creation of a contract of sale of goods
Section 3 of Act 137 provides that a contract for the sale of goods may be made in writing or orally or partly by writing and partly by word of mouth or may be imploed by conduct of the parties
Re London Wine Co Shippers Ltd
No property can passbin unascertained goods
Scetion 25 of ACT 137
No property can pass in unascertained goods
Section 26
Property in goods passes when the owners intend for it to pass. Unless a different intention appears, property is transferred upon delivery to buyer.
Alhassan v SSB
A voidable sale, if a party becomes aware of it but fails to act within a reasonable time, could be caught by laches and acquiescence or both.
Yireknyi v Tormekpey
Evident of section 26
Exceptions to Nemo Dat Quod Non Habet rule
Estoppel
Special power
Voidable Title
