SOGA Tutorial

July 2017 (Part C)

a) The issue is who has property on the grapes.

The general rule stated under S19 of the Sale of Goods Act. (1) Where there is a
contract for the sale of specific or ascertained goods the property in them is transferred to
the buyer at such time as the parties to the contract intend it to be transferred. (2) For the
purpose of ascertaining the intention of the parties regard shall be had to the terms of the
contract, the conduct of the parties and the circumstances of the case. (3) Unless a different
intention appears the rules contained in sections 20 to 24 are rules for ascertaining the
intention of the parties as to the time at which the property in the goods is to pass to the
buyer.
S23 explains on sale of unascertained goods and appropriation. (1) Where there is
a contract for the sale of unascertained or future goods by description and goods of that
description and in a deliverable state are unconditionally appropriated to the contract, either
by the seller with the assent of the buyer or by the buyer with the assent of the seller, the
property in the goods thereupon passes to the buyer.

For it to be unconditionally appropriated, some act must be done to clearly identify

particular goods as being the subject matter of the contract. Merely putting aside is not
considered to be unconditionally appropriated.

In the issue between Delicious Fruit and Food Product and Global Grape Ltd (GG
Ltd), based on S23, merely packing all the grapes ordered into a container is not considered
as unconditionally appropriated. Therefore, property has not passed.

b) The issue is whether

c) The issue is whether property has passed from Mr Joko to Delicious Fruit and Food
Product.

The general rule stated under S19 of the Sale of Goods Act. (1) Where there is a
contract for the sale of specific or ascertained goods the property in them is transferred to
the buyer at such time as the parties to the contract intend it to be transferred. (2) For the
purpose of ascertaining the intention of the parties regard shall be had to the terms of the
contract, the conduct of the parties and the circumstances of the case. (3) Unless a different
intention appears the rules contained in sections 20 to 24 are rules for ascertaining the
intention of the parties as to the time at which the property in the goods is to pass to the
buyer.

S22 states that where there is a contract for the sale of specific goods in a deliverable
state, but the seller is bound to weigh, measure, test, or do some other act or thing with
reference to the goods for the purpose of ascertaining the price, the property does not pass
until such act or thing is done and the buyer has notice thereof.

In the issue above, the goods which is the 2000 bottles of different sizes is specific.
It was not in a deliverable state as before the price could be ascertained, the earthquake
destroyed all the bottles. Therefore, property has not pass.