SOGA Presentation1 - Sale of Goods S 4(1 of the Sale of...

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Sale of Goods S. 4 (1) of the Sale of Goods Act 1957 (SOGA) refers contract of sales to: i- sale – transfer of property from S to B (sale and transfer of ownership); or ii- an agreement to sell – transfer of property from S to B will take place in the future or until certain condition is fulfilled (pure contract) Effect of breach of a sale contract – can claim damages and the price of the goods (s. 55(1)); breach of an agreement to sell – claim damages only
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- Ownership/property vs possession - The sale or agreement to sell must be made in return of a price – [money consideration for a sale of goods, s. 2] - The price must be in money . In some cases it can be a combination of money and goods Price can be ascertained – by contract; according to the agreed manner; or based on dealing between the parties; otherwise pay a reasonable price based on the circumstances of the case
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If the price is to be fixed by a third party , but he failed the contract is avoided – but B must pay the price for the goods delivered and appropriated by him Types of goods - s. 2 every movable property – not money or actionable claims; including things attached to the land but can be severed Moveable property is divided into : i - existing goods (owned or possessed by S) (s. 6(1)) ii- future goods (goods to be manufactured/produced/acquired by S) (s. 6(2))
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Example: 1.S agreed to sell his car to B. This is a sale of an existing goods. (s.6(2)) 2.S agreed to sell all computers which his company will produce next month. This is an agreement to sell future goods but specific because it refers to all computer produce in October. (s. 6(3)) 3.If S has more than one cars S has to specify which car is being sold. For instance by telling B the model, make and the plate number. ( specific existing goods ) 4. If S has 1000 computers in storage but B agreed to buy 500 only. It is a sale of existing but unascertained goods until S marks or separates the 500 computers from the rest. (s.18)
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Terms of contract Condition vs warranty s. 12(2) condition - a stipulation which is essential to the main purpose of the contract. Breach of the term – contract considered repudiated s. 12(3) warranty - term collateral to the main purpose of the contract. Less vital term, breach gives the injured party the right to claim damages . Cannot reject the goods. Contract not repudiated . Condition or warranty – label less significant. Depend on the construction of the contract
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s. 13(1) breach of condition may be treated as breach of warranty by the injured party s. 13(2) must treat breach of condition as breach of warranty – (a) where contract is not severable and the buyer has accepted the goods or parts thereof; (b) in case of specific goods the property has passed to B Associated Metal Smelters Ltd v Tham Cheow Toh S failed to supply the furnace which meet specific temperature requirement. Breach of condition but can be treated as breach of warranty
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Express and implied terms – condition or warranty Express terms - Any term express in the contract Implied terms – implied based on the provisions of
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