SALE OF GOODS Flashcards
s.2(1) SOGA
a contract for the sale of goods is a contract by which the seller tranfers or agrees to transfer property in goods to the buyer for money consideration called a price.
s.2(4)SOGA
sale transferred by ownership
s.2(5)SOGA
intent to transfer ownership at later date
hughes v pendragon sabre
PS and H have contract for sale of ltd ed of prosche. PS doesn’t have porche. or know he can get one. HELD there was intention to transfer ownership agreement to sell under the def s,2(1) by virtue of s.2(5).
s.5(1) CRA
a contract is a sales contract if under it
A the trader transfersor agrees to transfer ownership of goods to the consumer.
B. the consumer pays or agrees to pay the price.
s.5(2) CRA
where goods are manufactured or produced for the trader to supply them for the consumer
( labour in creating goods even if effect to create goods still= contract of goods)
5 ELEMENTS FOR CONTRACT OF SALE
- 2 parties
- a contract
- transfer of property
- goods
- price
s.61(1) SOGA
DEFINES BUYER AND SELLER
S.1(1) CRA
S.2 CRA
S.1(1) DEFINES CRA AS ONLY APPLYING TO TRADER AND CONSUMER
S.2 TRADER DEFINITON
WATHELET V GARAGE
CRA S.2 includes a trader acting as an intermediary o behalf of a private individual who has not duly informend the consumer of the fact that the owner of the goods is private individual
s.2(7) CRA
business is defined as including activities of any gov depo including local
s. 2(5)CRA
a consumer =- and individual acting for puposes that are wholly or mainly outside that indivuals trade business or craft. except an individual buying goods at auction. there is apossibility that a sole trader acting outside profession will be considered a consumer
the contract
gen principles of contract law apply there must bee consensus in idem parties must have capacity
s.3 SOGA
capacity rules
s.1(2) CRA AND 4 SOGA
FORM may be written oral or constituted by parties
consumer contracts (info cancellation and additional charges) reg 6 and 7(2) reg 4
obligations to consumers in and off premises
food stuffs
medicial product
reg 4 defines consumer the same as CRA
reg 5 consumer contracts (info cancellation and additional charges)
defines on premises and off premises contract
reg 9(1)consumer contracts (info cancellation and additional charges)
v. important before consumer is bound by the on premises contract the trader must give/ make available to the consumer in a comprehensible manner certain infor set out in schedule 1
example main characteristics of the goods the total price includings taxes arrangements for payment/ delivery. so if bought washing machine from John lewis who delivers it
s.12 CRA
the info provided is to be treated as a term of the contract and any change after the contract is entered into is ineffective unless expressly agreed
pst energy 7 shipping llc v OW bunker MALTA
TRANSFER OF PROPERTY ownership passing seeler of fuel sought payment. had retention of title clause. title of goods was retained until paid for. payment was 60 dasys from delivery. most fuel had been used. so GOODS DID NOT EXIST. TRANFER OF OWNERSHIP WAS NOT INTEGRAL PART. goods leased did not exist NO CONTRACT
wood v tui travel
TRANSFER OF PROPERTY property cannot pass before ownership passed. as they had been consumed ownership can still pass even if consumable.
s.15 CRA
TRANSFER OF PROPERTY, also deals with hire purchase.
s.2(2) SOGA and 3(5)a CRA
contract of sale between one party and another
s.2(4)SOGA
where the property is transferred in goods from seller to buyer the contract = sale
s.2(5) SOGA
where the transfer of property is to take place in the future . contract = an agreement to sell
s.5(1) CRA
there is a ssales contract if the trader transfers or agrees to transfer ownership of the goods to the consumer
s. 61 SOGA
V. IMPORTANT!!! goods includes all corporeal except money includes crops
beta computer systems ltd v adobe computer systems
l. penrose. contract was not sui generis or x in nature but it couldn’t be said that it was both. therefore it had elements of soga but it not meet s.61 standard for def of goods
st albans da v international computers
breach of software group them together held they met s.62 conditions of SOGA
computer asscoiates uk ltd v the soft ware incubator ltd
computer associates. court makes distinction between tangeable and intagabe goods. intagable goods not under s.61 soga thus soga not apply
robinson v graves
SUPPLY OF SERVICES commission artisit to paint HELD it was based on working labour not transfer of ownership of paints NOT CONSUMER
s.2(8)CRA
goods means any tangable items
s.3(3)a CRA
cra not apply to contracts for a trader to supply coins to a consumer for use as currency
s.2(1) SOGA
money consideration called a price necessary for soga
s.5(1)b cra
infers that price is important to app of cra
s.8(1) SOGA
in a commercial contract the price may be set out or may be left to be fixed in a manner agreed by the contract or may be determined by the coursof dealing between the parties
s.8(2) (3) SOGA
if no price stipulated in commercial contract = reasonable price = a q of fact
glynwed distribution v s koronka &co
has to be fair and justisble to the parties. the parties have to be considered the parties actions pre contracting
reg 9 2013
price has to be clearly marked
s.4 CRA
passing of property refers to the relevant provisions in SOGA
when passing property what is important to distinguish
property(ownership)
possession
s.17 soga
property is transferred to the buyer at such time as the parties to the contract intend it to be transferred.
to determine intention of the parties regard to be had to the terms of the terms of the contract, conduct of the parties and case
s.18 SOGA provides 5 rules for ascertaining the intention of the parties as to the passing of proeprty
rule1. unconditional contract for specific goods in deliverable state the property passes when contract made. delivery immaterial
rule 2. contract for sale of spec goods in delivable state but seller bound to WEIGH, MEASURE TEST. PROPERTY DOES NOT PASS UNTIL BUYER HAS NOTICE IT IS DONE.
RULE3. where there is a contract for the sale of specific goods and the seller is bound to do something to the goods of putting them into a deliverable state DOES NOT PASS UNTIL THING IS DONE.
RULE4 goods delivered on approval/ r on sale or return the property passes to the buyer OR does something inconsitant with the sellers ownership.
RULE5 sale by description the property passes with assent of the buyer either EXPRESS OR IMPLIED
s.16 soga
unascertained goods contract for unspecified quantity of goods, bought in bulk. in so that the buyer becomes owner in common with other seller/ buyer.
bulk = a collection of goods undivided shares
if you pay for bulk goods you can become 10% owner but not 10% in possesion
exception in s20A soga
s.24 soga
seller delivers or transfers the goods in goodfaith. expressly authorised. if a sold goods to b as in contract to be delivered to c as long as b is in good faith
Michael gearson v wilkinson
goods subject to a finance arrangement involving a sale and lease back arrangement with a company. the goods were to be treated as constructively delivered to the finance company on the sea . delivery required voluntary act by the person in possession but could by satisfaction by acknowledgement of the rights of the purhesor. the request for an invoice is not itself sufficient to establish contract. was in place where delivery would have taken place. HELD m SHELF IN DIFFERENT CAPACITY S.24 HAD BEEN MET THEIR SALE AND OWNERSHIP SND CONTRUCTIVE DELIVERY WAS VALID TITLE OF T2
s.25 SOGA
buyer in possession after the sale. aftermath defeats the retention of title clause
four pint garage ltd v carter
def c agrees to enter into a contract with freeway garage to buy car. FREEWAY had the car on lease back FPG tried to implement a tention of title clause. freeway never gained possession = constructive delivery. FPG(believed they had retention of title as it was a lease with freeway)-->freeway(go into liquidation)---> C (believed bought car outright did not know about FPG)
20(1) SOGA
for commercial sales goods remain at the sellers risk until property in them passes to the buyer but when the property in them is transferred to the buyer the goods are at BUYERS RISK whether the DELIVERY IS MADE OR NOT
S.20(2) SOGA
where delivery has been delayed through the fault of either buyer/ seller the goods are at the risk of the party at fault in relation to any loss
s.61 SOGA and 59 CRA
define delivery as VOLENTARY transfer of POS (nb: pos not goods) form one person to another.