Transfer Of Corporeal Moveables

Question 1

Why are there two sets of rules for corporeal moveables

Answer 1

There’s two sets of rules for corporeal moveables as they are governed by the SOGA 1979 if the transfer is the implement of a contract or sale.

If not (is gift) they are governed by the common law. At the common law, transfer of ownership requires delivery (external act)

Question 2

How does the specificity principle apply to the sale of goods

Answer 2

So, ownership can’t pass until goods are specific or ascertained. SOGA 1979 s16

Specific goods are simple i.e. The bicycle you see in the shop
Unascertained goods ie 100kg of gold when I have 50000kg, don’t become specific when set aside from pile etc, they become ascertained.

Question 3

When does transfer take place

Answer 3

On delivery if gratuitous

When the parties intend it under SOGA 1979 s 17
SOGA doesn’t require an external act

Question 4

What are the rules for vechiles

Answer 4

The dvla register and the awroplane register don’t have a private law function
(Although plane mortgages do)

The ships register acts like the land register and both it and ship mortgages are relevant to the law of ownership

Question 5

When does transfer take place

Answer 5

SOGA S18
1) When there is an unconditional contract for the sale of goods in a eu era Le state, ownership passes when the contract is made and it is immaterial whether the time of payment or the time of delivery, or both, is to be postponed
2 and 3) specific goods which require action on part of seller- passes when the work by seller has been done
4) goods delivered to buyer on approval or saw and return - passes when it becomes clear buyer intends to keep goods
5) unascertained or future goods- when goods are identifiable

Question 6

How can seller protect themselves

Answer 6

They can specify title will be retained until payment in the contract

Question 7

Nemo plus principle

Answer 7

Given voice in s 21 of SOGA 1979

“Where goods are sold by a person who is not their owner.. the buyer acquires no better title title goods than the seller had”

Question 8

Exception to nemo plus rule with SOGA

Answer 8

SOGA 1975 s25
Where goods have.been purchased but not delivered and are subsequently sold the second purchaser receives good title although the seller has breached contractual obligation to first purchaser and so will be liable for that

Question 9

Voidable title and SOGA

Answer 9

SOGA 1979 s 23

Where a voidable title HASNT yet been avoided a subsequent purchaser who is in good faith will acquire a good title