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Sale of Goods

Sale of Goods. The Sale of Goods Act 1957. Definition of ‘Goods’.

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Sale of Goods

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  1. Sale of Goods The Sale of Goods Act 1957

  2. Definition of ‘Goods’ • Every kind of movable property other than actionable claims and money and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. Section 2 of Sale of Goods Act 1957

  3. S6(1) Sales of Goods Act Subject matter of the contract/ Types of goods

  4. Defination of Contracts of Sale of Goods S4(1) 2 of Sale of Goods Act 1957 ‘..a contract whereby the seller transfers @ agrees to transfer the property in goods to the buyer for a price…’

  5. How a contract of sale of goods can be made

  6. Time of Payment

  7. PRICING

  8. Price (S 9 Sale of Goods Act)

  9. Terms of the Contract of Sale of Good

  10. Terms of the Contract

  11. Terms of the Contract

  12. Exception (When breach of ’condition’ can be treated as breach of warranty’)

  13. Implied Terms

  14. S14 Sale of Goods Act

  15. S14 Sale of Goods Act

  16. S14(c) Sale of Goods Act

  17. S15 Implied Condition

  18. S16 Implied Condition As to Fitness For Particular Purpose

  19. S16 Implied Condition As To Merchantable Quality

  20. Exception

  21. S17 Implied Condition In A Sale By Sample

  22. Transfer Of Property

  23. S18 : Sale of Unascertained Goods

  24. S19: Sale of Specific @ Ascertained Goods

  25. S 20 : Unconditional Contract

  26. S 21 Contract of Specific Goods

  27. S 22 Contract of Specific Goods

  28. S24: Goods sent on approval or ‘sale or return’

  29. S27 – S30 Sale of Goods Act Transfer Of Title

  30. Nemo Dat Quad Non Habet

  31. Exception to the nemo dat quad non habet • Estoppel - S27 • Sale by mercantile agent – S27 • Sale by one of joint owner – S28 • Sale under a voidable titles- S29 • Sale by a seller in possession after sale- S30(1) • Sale by a buyer in possession - S30(2)

  32. Estoppel – S27

  33. Sale by Mercantile Agent – S27

  34. A ‘mercantile agent’ • Define in section 2 of Sale of Goods Act 1957 as ’ a mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purpose of sale, or to buy goods, or raise money on the security of goods’. • Folkes v King

  35. Sale by one of joint owner – S28

  36. Sale Under a Voidable Titles- S29

  37. Sale by a seller in possession after sale- S30(1) Section 30(1) provides that: • if a seller continues or is in possession of the goods or of the documents of title to the goods, • the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under sale, pledge, or other disposition • thereof to any person receiving in good faith • and without notice of previous sale • shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of goods to make the same • Pacific Motors Auctions Pty Ltd V Motor Credit Ltd

  38. Sale by a buyer in possession- S30(2) Provides that: • if a buyer, having bought or agreed to buy goods, • obtains with the consent of the seller • possession of the goods or the documents of title to the goods, • The delivery or transfer by that person or by a mercantile agent acting for him of the goods or the documents of title under any sale, • Pledge or disposition thereof to any person receiving the same in goods faith • and without notice of any lien or other right of the original seller in respect of the goods shall have effect as if such lien or right did not exist. • Newtons of Wembley Ltd v Williams

  39. Performance oF the contractDelivery and acceptance

  40. S31 : Duties of Seller and Buyer • It is the duty of the seller to deliver the goods • It is duty of the buyer to accept and pay for them in accordance with the terms of the contract of sale

  41. Delivery

  42. acceptance

  43. Meaning of acceptance S42 Sale of Goods Act • He intimates to the seller that he has accepted them • When the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller • When after the lapse of reasonable time, he ratain the goods withput intimating to the seller that he has rejected them

  44. Buyer not bound to return rejected goods : S43 • Unless otherwise agreed, where goods are delivered to the buyer and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them

  45. Liability of buyer for neglecting or refusing delivery of goods: S44 • When the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not, within a reasonable time after such request, take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also a reasonable charge for the care and custody of the goods.

  46. S45 Sale of Goods Act 1957 Rights of unpaid seller against the goods

  47. Unpaid seller defined : S45 • When the whole of the price has not been paid • When a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was has not been fulfilled

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