Sale of Unascertained Goods Flashcards
Which provision in the SOGA provides for the sale of unascertained goods?
Section 23.
Section 18 of SOGA states that…
property cannot be passed unless the goods have been ascertained.
What case discusses the ascertainment of goods before they are to be delivered?
Laurie and Morewood v Dudin & Sons.
The definition of ‘appropriation’ is defined in the case of Wait v Baker as…
an act intended and agreed upon in the terms of the contract in order to transfer ownership.
Under Section 23 of SOGA, the phrase “unconditionally appropriated to the contract” means…
some act must be done to clearly identify particular goods as being the subject matter of the contract and act of one party that irrevocably earmarks the goods to the contract.
What is the case of Healey v Howlett and Sons about?
The boxes of goods were not labelled with the buyer’s name to distinguish them from the remaining boxes. The court held that the goods were not appropriated.
Give a summary and the decision of the case of Pignataro v Gilroy & Sons.
The buyer had informed that the goods were available to be collected at a specific location. However, the buyer only collected the goods 3 weeks after the delivery and the goods had been stolen. The seller was not held liable because the delivery had appropriated the goods with the buyer’s consent.
Goods which are in possession of a third party are unconditionally appropriated only when…
the third party acknowledges that they are holding the goods on behalf of the buyer.
What case illustrates the possession of goods by a third party being unconditionally appropriated?
Wardar’s (Import and Export) v Norwood & Sons.
For unascertained and future goods, the deliverable state of the goods depends on…
what was agreed upon by the parties in the contract.
In the case of Philip Head & Sons v Show Fronts, the carpets were not appropriated because…
the plaintiff contracted to sell and lay the carpets to the buyer. However, when the carpets were delivered, they were stolen before the plaintiff could lay them. The condition for the property to transfer to the buyer was for the plaintiff to lay the carpets.
The sale of goods sent on approval or sale or return basis is governed under…
Section 24 of SOGA.
Property is only transferred to the buyer under Section 24 of SOGA when…
24(a) : buyer signifies their approval or acceptance or adopts an act signifying acceptance.
24(b) : buyer retains goods without notice of rejection after a reasonable amount of time.
In the case of Kirkham v Attenborough,
the plaintiff delivered jewellery on sale or return to one Winter. Winter pledged the diamonds as a security to a debt. It was held that the plaintiff was not entitled to recover the goods because Winter’s act of pledging the diamonds adopts the transaction and the property had then passed to Winter.
The term ‘reasonable time’ is defined under…
Section 63 of SOGA.
