Transfer of Property Flashcards
When is the property transferred to the buyer?
Section 19(1) of SOGA states that property is transferred at the time intended by the parties.
How to find the intention of the parties of when the property is to be transferred?
Section 19(2) of SOGA states that intention can be found within the terms of the contract made.
What is Section 19(3) of SOGA about?
Unless there is contrary intention (Romalpa clause), all transactions will fall under Sections 20 to 24 of SOGA.
The case of Re Anchor Line (Henderson Brothers Ltd) found that…
the terms of the contract showed the parties’ intention to pass the property after completion of purchase.
Under Section 20 of SOGA, property can be passed when the contract is made even if the goods have not been paid for or delivered when…
- The goods are specific
- It is an unconditional contract
- The goods are in a deliverable state
Property is not passed to buyer at the time of contract and is only an agreement if…
the contract is conditional.
Kursell v Timber Operators & Contractors Ltd held that…
specific goods must be identified and not just merely identifiable.
What happened in the case of Underwood Ltd v Burgh Castle Brick and Cement Syndicate?
The goods (condensing engines) were damaged therefore, they were not in a deliverable state. The court held there was no transfer of property because the goods were not in a deliverable state.
The case of Mohamed Mydin v Ramiah showed that…
the sale and transfer of property of the lorry was completed even though the registration book had not been passed to the buyer because the lorry was in a deliverable state.
Which provision in the SOGA states that the seller must do something to put goods into a deliverable state and that the buyer must have notice for the property to pass?
Section 21. However, the seller is not obligated to serve the notice to the buyer.
What case can be used to illustrated Section 21 of SOGA?
Underwood Ltd v Burgh Castle Brick and Cement Syndicate.
Section 22 of SOGA provides for…
the ascertainment of the price of goods that need to be measured, weighed etc.
After ascertaining the price, the buyer must…
have notice for the property to transfer to the buyer.
