SOGA 1957 Flashcards
Goods is defined in __________.
Section 2 of the Sale of Goods Act 1957
Section 14 SOGA 1957 provides ___________.
right to sell the goods.
The supporting case for Section 15 SOGA 1957 is ____________.
Beale v Taylor
Nagurdas Purshotumdas & Co v Mitsui Bussan Kaisha Ltd
Moore & Co v Landauer & Co
Section 16 (1) (a) SOGA 1957 provides __________.
Goods must be reasonably fit for the purpose for which the buyer wants them.
Goods must be of merchantable quality.
Section 16(1) (b) SOGA 1957
The supporting case for Section 16(1) (b) SOGA 1957
Thornett v Beers
Section 17 SOGA 1957 provides ___________________.
in a contract for goods sale by sample, there is an implied condition that the bulk must correspond with the sample quality
Supporting cases for S16 (1) (a)
i. Griffiths v Peter Conway Ltd
ii. Cammell Laird & Co Ltd v Manganese Bronze & Brass Co Ltd
iii. Baldry v. Marshall
S27 SOGA 1957
no one can transfer the title if he has no right to transfer. This rule protects the right of ownership
Nemo dat quod non habet
means the buyer can only acquire a good title in the goods if he purchases from the owner of the goods
Who is an unpaid seller?
- when the whole of the price has not been paid
- when a conditional payment was made by a bill of exchange and the instrument has been dishonored
What are the rights of an unpaid seller
Rights against goods and
Rights against the buyer personally
What are the rights of unpaid seller against goods?
i. Right of lien
ii. Right of stoppage of goods in transit
iii. Right of Resale
Rights of unpaid seller against the buyer :
i. Suit for price.
ii. Suit for damages for non-acceptance
Remedies of Buyer
i. S57 Damages for non-delivery
ii. S58 Specific Performance
