Professional Documents
Culture Documents
Property
Example
Sale of a specified number of bushels of oats, the
contents of a bin in a warehouse. The seller gives a
delivery order to the buyer, addressed to the
warehouseman, authorising delivery of the oats tio
the buyer, and asking the warehouseman to weigh
them,. The warehouseman accepts the order and
enters it in his books. The property has passed to
the buyer, as the weighing was not necessary to
identify the oats or to ascertain the price, but was
merely for the satisfaction of the buyer. Swanwik
Vs. Sothern (1839)
1.
2.
2) Section 23 : Sale of
unascertained goods and
Where there isappropriation.
a contract for the sale of unascertained or
1.
2.
Section 23 : Sale of
unascertained goods and
Example
appropriation
This section may be illustrated by the following example:
Sale of 20 hogsheads of sugar out sugar out of a larger
quantity. The seller fills four hogsheads which the buyer
takes away. Subsequently the seller fills sixteen more
hogsheads, and informs the buyer of this asking him to
come and take them away. The buyer promises to do
so. The property has passed to the buyer.
Mr A contracts to sell to Mr B a certain quantity of liquor
out of a big cask containing a much larger quantity. The
required quantity is not separated or bottled. The
property in the liquor does not pass to the purchaser.
4)Section 25 Transfer of
Property when Right of Disposal
isSometimes
reserved
a seller appropriates the goods to
a contract but at the same time reserves the
right of disposal of the goods until certain
conditions are fulfilled by the buyer.
Section 31. Duties of the seller and buyer It shall be the duty of the seller
to deliver the goods and of the buyer to accept and pay for them, in
accordance with the terms of the contract of sale.
The general rule enunciated in this section follows from the nature of the
contract of sale, by which the property in the goods is transferred, or agreed
to be transferred, from the seller to the buyer in return for the price.
There would be breach of the duty to accept when the buyer unjustifiably
rejects the goods. Taking of delivery of the goods is an important aspect of
the duty to accept and refusal to do so will constitute rejection of the goods
and therefore , would amount to a non-acceptance of the goods. There is
however a distinction between acceptance of goods and taking delivery of
them. The buyer signifying his approval of the goods accepts them though he
may not have taken delivery of the goods. It will be noticed that the Act does
not expressly impose any duty to take delivery although it prescribes
sanctions when there is delay in taking delivery.
Against
the goods
Where the
property in
the goods
has passed
Where the
property in
the goods has
not passed
Stoppage
in transit
Lien
Stoppage
in transit
Against
the seller
personally
With
holding
delivery
Re sale
Suit for price
Suit for
damages
Repudiation
of contract
Suit for
interest