scope of the SGA

Question 1

Barter:

Messenger v. Greene

Answer 1

• What the logger was delivering to the seller was measured in financial terms
• not a barter exchange
• within the scope of SGA

Question 2

Lease:
Helby v Matthews
(piano, pondshop)

Answer 2

• LEASE Brewester was a a lessee of a piano, not in a position to pledge the piano
  a lease agreement, pondshop coud not invoke SGA
  -

Question 3

Work & Materials:
Bork v. Hooper
( painting)

Answer 3

• painting = contract for work and labour
• SGA does not apply
• Materials used were incidental to the services
• Work of art are more likely to depend on skill and judgment than materials

Question 4

Work & Materials:

Killian West Ltd v. Sportage Enterprises ( printed sports page)

Answer 4

• printed sports page - contract for goods - SGA applies
• contract for goods
• characterization of the contract depends on whether the purchaser was to pay substantially for the materials or substantially for the skill

Question 5

Work & Materials:

Gee v. White Spot Restaurant (Burger Place)

Answer 5

• restaurant meal is a sale of good

- s.1 defines ‘good’ as including all chattels personal and ‘sale’ includes a sale and deliver

Question 6

Consignment

Answer 6

• Section 2 of Factors Act - choose the agent carefully. Because the buyer is still likely to receive title of the goods provided that they acted in good faith
• Consignment is the act of consigning, which in turn is the act of giving over to another person or agent’s charge, custody or care any material or goods, but retaining legal ownership until the material or goods are sold. This may be done for the purpose of shipping the goods, transferring the goods to auction, or with the intent of the goods being placed on sale in a store (i.e., a consignment shop).

Question 7

consignment:

Weiner v. Harris

Answer 7

• in determining the tpe of transaction, we actually have to look at the substance of transaction
• desipite the description used, it was not a sale or return arrangment - SGA does not apply
• Fisher was an agent, did not have the authority to sell
• plaintiff able to get the jewely back
• factors act 2(1) mercahtile agent

Question 8

consignment:
re: Richardson

Answer 8

• the seller had no expectation that those goods would ever be returned to him
• no consignment agreement - SGA does not apply
• the nature of the agreement is interpreted in light of the intention of the parties

Question 9

consignment:

Atari v. Electronic Boutiquestores

Answer 9

• electro can return goods to Atarai because it was a consignment agreement
• sale & return, seller cannot back out
  the buyer need not specify that they are keeping goods
• consignment-SGA applies