Topic 5: Sales (B)

Question 1

What are goods as defined by the SoGA?

Answer 1

All personal chattels (Including crops, emblements, things agreed to be severed before sale of land)
(WILL NOT include things in action and Money)

Question 2

Difference between Sale and Agreement to sell?

Answer 2

Sale = Present
Agreement to sell = Future sale

Question 3

What are the different types of goods?

Answer 3

1) Existing goods
2) Future goods
3) Specific goods
4) Unascertained and Ascertained goods

Question 4

What are the seller’s duties?

Answer 4

1) To deliver
2) Pass good title
3) Right quality
4) Right quantity
5) Right time

Question 5

What are the buyer’s duties?

Answer 5

1) Pay the price (Time and form of payment)
2) Take delivery

Question 6

When does property pass?

Answer 6

1) When parties intend it to
2) Intention is found in the contract
3) If issues then refer to s18 of SoGA

Question 7

What are the rules for ascertaining intention in s18 in SoGA?

Answer 7

1) Unconditional contract for sale of specific goods
2) Must be in deliverable state
3) Weigh, measure, test, to ascertain the price
4) Assent of the buyer to the appropriation of the goods

Question 8

What are the remedies relating to Sale of Goods?

Answer 8

1) Action for the price
2) Unpaid seller’s right to the property
3) Stoppage in transit (when buyer has become insolvent)
4) Rights to resale
5) Damages for non-delivery and non-acceptance