The Sale of Goods Act section 25 gives the provisions for the reservation of

The sale of goods act section 25 gives the provisions

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further payments. The Sale of Goods Act section 25 gives the provisions for the reservation of the right to disposal. It concerns the conditional appropriation of goods. Mandy did not have ownership of the marble sculptures because she has not fully paid for them, and she had not fulfilled her part of the bargain of paying the balance later. Noel remained to be the owner of the marble sculptures. Mandy could not claim the marble sculptures because she had not kept her part of the bargain. Later, when Noel was sorting out his collection, he accidentally knocks one sculpture over, causing it to shatter. On 29th October, Noel informs Old Antique Limited of his intention to return the sculptures after which, on 2nd November 2019, he gets an invoice for eight marble sculptures. Noel tries to return the seven marble sculptures on 3rd November 2019, but Old Antique Limited refuses to accept and demand that Noel pays for the whole amount. Once the goods had been transferred to Noel, he assumed all the risks and liabilities that come with it. The marble sculptures faced the risk of being destroyed and shuttered, which happened. Noel was to blame for the destruction of one marble.
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Passing of Property and Risk 9 Initially, when the contract was being established, Noel could return the marble sculpture if it was broken so that Old Antique Limited could fix it. However, this scenario could not actualize because Noel was solely responsible for the damage. The risk could not be transferred to Old Antique Limited despite them being the buyers because Noel was at fault of breaking one of the sculptures. Noel is to bear all the responsibility of the marble sculptures because he is the owner. Conclusion The different scenarios depicted in the case of Noel show the application of the Sale of Goods Act of 1930 and 1979. These Acts help in addressing different situations that arise in buying and selling or transfer of property. Owing to the provisions of the Acts, Noel took home the marble sculptures because he paid for them and carried them before the attack of theft occurred. He was able to retain ownership when Mandy did not keep her part of the bargain by paying the balance of the marble sculptures. Among the stolen items, he suffered the loss of the French Belle Époque clock because its ownership had been transferred to him though he had not collected the thing. He did not suffer the loss of the 1850 toy steam train because it was broken, and Old Antique Limited was fixing it. Having destroyed one of the marble sculptures, he had to assume all the risk and pay for them. This Act has enhanced consumer protection where consumers are more aware of their rights when buying goods and property from businesses. It has increased competition because there is a healthy business practice among sellers. This sound business practice is attributed to the fact that consumers are aware of their rights.
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Passing of Property and Risk 10 Bibliography
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  • Spring '16
  • Jenifer Orion
  • Sale of Goods Act 1979, Noel

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