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Sale of Goods > Transfer of title > Flashcards

Transfer of title Flashcards

1
Q

What is bailment?

A

Bailor transfer possession to the bailee to hold property on their behalf

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2
Q

What is attornment?

A

The passing off constructive possession from one party to another

A (bailor) puts stock in Bs (bailee’s) workshop

A sells stock to C but asks B to store and deliver them on behalf of A

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3
Q

What are the main types of goods involved in a sale of goods transaction? (5)

A
  1. Future
  2. existing
  3. specific goods
  4. unascertained goods
  5. Ascertained goods
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4
Q

Can s12(1) SoGA seller right to sell be excluded? Law?

A

Cannot be excluded – s6 UCTA

In B2C, cannot be excluded – s31(1) CRA

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5
Q

Definition of future goods? Law?

A

Goods that ae to be manufactured / sourced by the seller, after the sale is entered into

S5 SoGA

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6
Q

Existing goods definition?

A

Already owned / possessed by seller

S5 SoGA

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7
Q

Specific goods definition?

A

Parties are able to identify the goods when the contract is made

S61

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8
Q

Which pieces of legislation concern when property passes?

A

S16 SoGA
S17 SoGA
S18 SoGA

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9
Q

S16

A

No property will pass to buyer until unascertained goods become ascertained

(subject to s20A SoGA)

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10
Q

What is the exception to s16 SoGA?

A

S28 SoGA

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11
Q

What should you do if the problem question does not concern unascertained goods?

A

Go straight to s17 SoGA

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12
Q

S17

A

Where sale is for specific / ascertained goods, property is transferred when the parties intended

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13
Q

S17(2)

A

Must consider the terms of the contract, conduct, and the circumstances of the case to determine intention

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14
Q

S18

A

If no intention clear, rules applied for ascertaining intention of the parties

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15
Q

S19

A

For specific goods, seller may reserve right of disposal until certain conditions are fulfilled

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16
Q

S18 rule 1

A

Where unconditional contract for specific goods, property passes when contract entered into

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17
Q

S18 rule 2

A

Specific goods: where seller must put goods in deliverable state, property passes when goods made deliverable and buyer is notified

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18
Q

S18 rule 3

A

Specific goods in deliverable state: where seller must weigh / measure / test goods to ascertain price, property does not pass until this is done and buyer notified

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19
Q

S18 rule 4

A

When goods delivered to buyer, property does not pass until:

a. Buyer signifies acceptance or does an act adopting transaction
b. Does not signify acceptance but retains goods beyond reasonable time to reject

20
Q

How is deliverable state defined? Law?

A

S61 (5)

Where goods are delivered in such a state, buyer is bound to take delivery

21
Q

Which case concerns deliverable state? Facts?

A

Underwood v Burgh Castle

Machines were bolted to concrete when delivered; found not to be in a deliverable state until unbolted

22
Q

S18 rules 5

A

Where goods are unascertained, they must be in a deliverable state and unconditionally appropriated for property to pass

23
Q

What case law concerns s18 rule 5? (6)

A 
Smyth v Bailey 1940
Carlos Federspiel v Twigg 
Hendy Lennox 
Re London Wine Co 
Re Goldcorp Exchange
Pignatoro v Gilroy
24
Q

What does unconditional mean? Case?

A

“unconditional” means no further obligations such as payment expected from the parties

e.g. Conditional = rot clause
Smyth v Bailey

25
Q

What does appropriation mean? Case?

A

Means the last action taken to signify that only these specific goods will be used in the contract

Carlos Federspiel v Twigg – simply separating goods from general stock and addressing it to buyer was insufficient

26
Q

Hendy Lennox case facts

A

If seller sends an invoice with the serial code of each item to B. then there would be an appropriation

27
Q

Re London Wine Co Facts

A

Invoice to buyer did not specify which bottles of wine would go to them – a general description was insufficient

28
Q

Re Goldcorp Exchange

A

Coinage and bullion not separated from the bulk

29
Q

18 rule 5 (2)

A

Where seller delivered goods to B, or to carrier / bailee, seller has unconditionally appropriated the contract

30
Q

18 rule 5 (3)

A

Ascertainment by exhaustion

31
Q

18 rule 5(4)

A

Sub rule 3 only applies where the bulk is reduced to or less than the quantities due to a single buyer & that buyer is the only party to whom goods in the bulk are due

32
Q

Which laws concerns transfer of risk in B2C transactions?

A

S29 CRA

S31 (1) CRA

33
Q

What does s29 CRA state?

A

Goods remain at sellers risk until delivered to consumer

34
Q

Which law concerns transfer of risk In B2B transactions?

A

S20 (1) SoGA

35
Q

What does s20(2) SoGA?

A

Where delivery delayed through fault of buyer / seller, risk lies with the party at fault

36
Q

What does s32 SoGA state?

A

Delivery to carrier = delivery to buyer

37
Q

What does s33 SoGA state?

A

Where goods delivered at a distance, buyer carries risk

38
Q

Which two pieces of legislation concern frustration?

A

S6 and s7 SoGA

39
Q

What is the main case regarding frustration?

A

Howell v Coupland

40
Q

What rule is established in Howell v Coupland? Facts?

A

Frustration according to s6 and s7 only applies to specific goods

Farmer agreed to sell 200 tonnes of potatoes grown from a single field

When the crops failed, held the goods were specific because they came from a specific / identified source, the field

41
Q

What does s7 state?

A

Where goods perish before contract formation, the contract is void

42
Q

What does s6 state?

A

Where goods perish after contract formation, the contract is void

Where goods perish after contract formation, the contract is void

43
Q

How is fault defined? Which law?

A

S61(1) SoGA – “wrongful act or deceitful”

44
Q

Which case concerns s6 SoGA? Facts

A

Sainsburys v Street

court held that – partial performance should be allowed and therefore contract should not be void

45
Q

What is the significance of Asfar v Blundell?

A

Concerns frustration

Gives definition of the word “perished” – nature of the thing has been altered as a matter of business

Sale of Goods (6 decks)

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