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Company > Sale Of Goods > Flashcards

Sale Of Goods Flashcards

1
Q

Clegg
V
Anderson

A

Safety

Yacht naught for £25000 held that there was a fault and the reasonable person would not have noticed this.

Reasonable person is not an expert

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2
Q

Glyweds distribution ltd
V
S koronka and co ltd

A

A reasonable price does not automatically equal the market value

The price must be fair and just to both parties which is not necessarily market value

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3
Q

Implied term to transfer good title

S12 SGA

S17 CRA

A

Duty to pass good unchallengeable title to goods in exchange for price

Promises they are free from any change or encumbrance not disclosed BEFORE contract made

Buyer is entitled to enjoy quiet possession

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4
Q

Niblett
V
Confectioners materials co ltd

A

Breach of right to to sell and Lord Atkins said quiet possession

c purchased condensed milk from D, ‘nissly’
Nestle said if tried to sell they would apply for injunction
Agreed not to and brough action against sellers

Held: sellers did not have right to sell and this entitled them to rescind contract

Lord Atkin also said breach of quiet possession

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5
Q

Microbeads ac
V
Vinhurst road markings

A

Breach of QP but not to sell

C purchased road markings machines from D, after 3rd party granted patent tight meaning C could not use machines unless granted license to do so

No breach of right to sell as could at time but breach of QP as could not enjoy QP of goods

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6
Q

Nemo dat quod non habet

S21(1) SGA

Exceptions

A

Personal bar

Mercantile agent

Seller in possession after sale

Buyer in possession after sale

Voidable title?

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7
Q

Eastern distributors ltd
V
Gold ring

A

Personal bar

Where Owner of goods represents to buyer that person selling is owner or is acting as an agent

True owner is barred from denying that authority and buyer acquires good title

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8
Q

Mercantile agent

A

Exception to nemo dat

Factors act 1889

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9
Q

Archivent sales and development ltd
V
Strathclyde regional council

A

Buyer in possession after sale but ownership still with seller

Seller delivered goods on credit to contractor who was building school

Contractor sold goods to school

Ownership still passed as they acquired in good faith

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10
Q

MacLeod
V
Kerr

A

Voidable title.

A sold car to B, B paid with stolen cheque, B sold to C. A and C both claiming ownership

Held: belongs to C as voidable contract wasn’t challenged in time.
A may still have action against B for original purchase price but not car

Holder of voidable title is still owner so not strictly nemo dat

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11
Q

Woodburn
V
Andrew Motherwell

A

Transfer of ownership

S18 rules are only a guide to intention

Where intention clear under s17, not need to resort to rules

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12
Q

Munro
V
Balnagowan estate co

A

Rule 1 - deliverable state

Buyer enters sellers land to cut down and remove timbre

Ownership passed to buyer as goods in deliverable state

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13
Q

Gowans
V
Bowe and sons

A

Rule 2 - S under duty to do something which puts them in a deliverable state

Agreed when potatoes ready farmer would dig up and put in pits on farm. When B ready to collected was to lift clean and put potatoes in bags.

S became bankrupt after Ps put in pits

Held: property had passed and thing had been done which put them in deliverable state

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14
Q

Kennedy’s trs
V
Hamilton and Manson

A

Necessary weighing etc by S for ascertainment of price

Rule only applicable if duty is on seller

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15
Q

Brown
V
Marr

A

Rule 4 - goods delivered on approvals

Any act adopting transaction eg sells, lends, hires goods

Will constitute approval even if not explicitly stated

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16
Q

Carlos federspeil and co
V
Charles twigg and co

A

Rule 5 - future/ unascertained goods

Seller merely setting apart goods with intention to use in contract is NOT enough

Must have intention to attach contract irrevocably to goods

17
Q

SGA general rule about risk

S20(1)

A

In non-consumer sales risk follows ownership unless parties agree otherwise

Risk does not depend on physical possession

18
Q

Demby
V
Hamilton

A

Exception to risk following ownership - SGA

If there has been a delay in delivery of goods which is fault of one of parties

Apple juice in casks destroyed and was delay in buyer taking delivery. Even though property remained with S, S could claim price as buyer was bearer of risk

19
Q

General rule about risk

CRA

S29

A

Risk lies with trader until C has physical possession

20
Q

Rights and remedies under SGA for commercial and private sales

A

Implied duties relating to

Description

Satisfactory quality

Fitness for particular stated purpose

Confirms to sample

21
Q

Beale
V
Taylor

A

SGA - description

T put advert for car in newspaper described as a herald convertible

Actually a cut and shut

Held: as 2 different cars melded together did not conform to description

22
Q

Harlington and Leinster enterprises
V
Christopher hull fine art ltd

A

S13 - description SGA

Must be reliance on stated description

S made clear knew nothing of artist and B was art dealer, turned out to be fake. Held no reliance on seller so no action

23
Q

Bernstein
V
Pamson motors ltd

A

S14 quality and fitness

Buyer of rolls Royce would not tolerate even the slightest blemish on its exterior paintwork whereas a purchaser at the more humbler end of the range may be less fastidious

Money paid should reflect what received

24
Q

Thain
V
Anniesland trade centre

A

S14 quality and fitness

T paid £2995 for 2nd hand car. 80 000 miles of clock and 6 years old

After 2 weeks gear box faulty then few, car could not be used

Held: was SQ as durability not quality are to be expected of used car

Determine factors were low price and High mileage

25
Q

Griffiths
V
Peter Conway

A

S14 goods fit for particular purpose

Contracted dermatitis by wearing tweed coat, skin unusually sensitive, okay for normal

Could not claim under 14(3) as had not informed seller of her sensitive skin

26
Q

Grant
V
Australia knitting mills

A

14(3) goods fit for purpose

No need to specify particular purpose for which goods are needed if it is obvious

27
Q

Godley
V
Perry

A

S15 sale by sample

Child struck in eye after using catapult which broke. S had bough from wholesalers

Defect not apparent upon reasonable examination

Bulk is meant to correspond with sample, could sue W

28
Q

Pini and co
V
Smith and co

A

If buyer fails to examine goods at time of purchase but does so much later

He is deemed to have accepted them

29
Q

Truk ltd
V
Tokakidis

A

However reasonable period in which to reject goods is likely to be looked at leniently by courts

Contrasts pinni

30
Q

McDonald
V
Pollock

A

Fishing boat was main asset of fishing business

If goods being sold are key to source of business then the sale will be deemed to be in the course of business

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