SALE OF GOODS - HAS LEGAL TITLE PASSED

Question 1

CCLA S120

Answer 1

A contarct of sale of goods is created when seller transfers or agrees to transfer proeprty to buyer for money consideration

Question 2

s 122

Answer 2

contract can be absoulte or conditional

Question 3

sale

Answer 3

where under a contract the good (proeprty) is transferred immediatley from the seller to the buyer , then the contarct is a sale

Question 4

agt to sell

Answer 4

where the tranfer of the property is to take place at a future date or is subject to conditions
- will become a sale when transfer takes places or condfitions are met

Question 5

valid transfer

Answer 5

1. the goods must be ascertained
2. once ascertained, property passes at the moment teh aprties intend it to

Question 6

rule one - simple unconditional sale

Answer 6

proeprty passes to buyer when the contarct is made if it is an unconditonal contract and if
- the goods are specifeid
- goods are in a deliverable state

Question 7

rule 2 - specific goods not in dleiverable state

Answer 7

• if there is a contarct for specific goods and the seller is bound to do soemtjing to put the goods into a deliverable state property doenst pass until
• the thing is done
• the buyer has notice that the thing has been done

Question 8

rule 3 - price not ascertained

Answer 8

• if there is a contract of specific goods but the seller has to do something to ascertain price property doenst pass
• • the price has been ascertained
• the buyer has notice that this has been done

Question 9

rule 4 - goods delivered to buyer, but sale subjevt to buyer approval

Answer 9

if the goods are delivered on buyer approval the property doenst pass until
- the buyer indicates accepnace or thought an act adpots the transcation or implidiely accepts
- the buyer retains the good without giving notice for rejection either
a. longer than is fixed fir the return
b. when a reasonable time expires - if no fixed

Question 10

rule 5 - unacertained or future goods

Answer 10

if there is a contract of sale for either unacertained or future goods, property passes when
- goods of the contract description are in a deliverable state
- eitehr party with the express or implied assesnt of the other unconditionally appropirates the goods to the contarct
- a. seller delivers the goods to the buyer or carrier for purpsoe of delievery to the buyer
- the seller does not reserve the right of disposal