Sale Of Goods Flashcards
Section 3 sale of goods
A contract of sale of goods is a contract whereby the seller transfers or agree to transfer the property in goods for a money consideration
Aldrige v johnson
An agreement to sale constitutes a contract for sale
Section 23 1
Nemo dat quod non habet rule
Section 3(4)
Difference between a contract of sale and an agreement of sale
Section 22
Unless otherwise agreed upon the goods remain at the sellers risk until property is transferred
Harnam singh v ahmad provision stores ltd
Part payment constitutes agreement and amounts to sale,
Property in goods passes regardless of a statutory breach
Section 20
Conditions in a contract, property only passes once fulfilled
Underwood ltd v burgh castle brick cement/ accraman v morrice
A buyer is not bound to take delivery of a good that isn’t by contractual terms
Pignatorio v gilroy
No objection by a buyer means they have assented
Bishopgate motor finace cop v transport brakes ltd
Person who takes in good faith and for value without notice should get a better title
Exceptions to the nemo dat rule
- Estoppel by conduct section 23 1
- Sale by mercantile agent section 26 2
- Voidable title. Section 24
- Resale by a buyer in possession, 26 2
- Statutory power of sale like auction
- Common law power of sale like agent of necessity
Section 15
Goods should correspond sample and description
Section 16
Goods ought to be of merchantable quay
Conditions is implied only if?
- The particular purpose was made known to the seller whether expressly or by condition
- The goods are of a description which is in the course of the seller’s business to supply
- The buyer relied on the seller’s skill or judgment baldry v marshall bugati case
Molling and co v dean and son
If goods have been delivered to the buyer and he has a reasonable opportunity of inspecting them he is deemed to have accepted them
