Sale Of Goods

Question 1

Sec 1

Answer 1

Defines sale of goods contract

Question 2

Sec 1 sub 3

Answer 2

Differentiate contract of sale and agreement to sell

Question 3

Sec 1 sub 4

Answer 3

States when an agreement to sell becomes a sale ie even time has elapsed or conditions are met

Question 4

Sec 62

Answer 4

Defines goods as chattels personal
Emblements, industrial growing crops
Things attached or forming part of land that would be severd before the sale

Question 5

Howell v Coupland

Answer 5

200tons pf potatoes to be grown on a specific land they are ascertained

Question 6

Sec 62 sub 1

Answer 6

Defines specific goods

Question 7

Re wait

Answer 7

The wheat had not been identified therefore it is unascertained

Question 8

Unascertained goods

Answer 8

In existence but not identified

Question 9

Existing goods

Answer 9

Specific and unascertained

Question 10

Kursell v timber operators and contractors ltd

Answer 10

Sold timber that would be harvested in 15 yrs not specific but unascertained

Question 11

Sec 5(1)

Answer 11

Defines future goods
Good to be manufactured after the contract has been made

Question 12

Sainsbury Ltd v Street

Answer 12

Contract for sale of 270tons of barley but the harvest turned out poor and yielded 150tons the seller sold it to others for higher price(contingent goids)

Question 13

Aldridge v Johnson

Answer 13

Part money part goods as price

Question 14

Aldridge v Johnson

Answer 14

Part money part goods as price

Question 15

Sec 8

Answer 15

Price should be fixed by the contract

Question 16

May and butcher Ltd v r

Answer 16

No consideration of price no contract

Question 17

Sec 62(2)

Answer 17

Delivery is the voluntary transfer of possession from one person to the other

Question 18

Actual delivery

Answer 18

Physical transfer of goods

Question 19

Constructive delivery

Answer 19

Transfer of legal right to obtain goods
Keys to a warehouse
Bill of laden
Deed of a land

Question 20

29

Answer 20

Place of delivery

Question 21

Sheldon v cox

Answer 21

Where value is put on goods it can be considered as sale even if price is not money

Question 22

Condition

Answer 22

Forms the bases of a contract
A party can repudiate the contract if there’s a breach of condition

Question 23

Warranty

Answer 23

An innocent party can only seek damages for breach

Question 24

13kssgl 11sga

Answer 24

Where a contract is subject to a condition that must be fulfilled it is not enough that the goods have been supplied but the supgoods must fulfill the condition

Question 25

Intermediate term

Answer 25

Remedy of the breach would depend upon the nature of the breach rather than status of the term

Question 26

Sec 10sga and 12kssgl

Answer 26

Time is not of the essence unless stipulated

Question 27

Sec 12 sga and 14kssgl

Answer 27

Undertaken as to title
But have right to sell condition
Goods must be free from encumbrance or charge warranty
Enjoy quite possession warranty

Question 28

Right sell

Answer 28

Must have right to sell at the time the contract was made microbeads ag

Question 29

Sec 15 sga sec 17 kssgl sec 13 sga and sec 15 ksshl

Answer 29

Imploed condition that goods must correspond to sample

Question 30

Varley v whipp channel j

Answer 30

Sale by description must apply to all cases where the purchaser’s not seen the goods but is relying on description alone

Question 31

In sale by sample

Answer 31

The sample must correspond with the bulk
2 the buyer must have reasonable time to inspect the goods
3 the goods must be free from any defects which would not be on reasonable exam

Question 32

Drummand v varungen Lord magnagtin

Answer 32

The sample speaks were words can not express the goods