to the contract by one party with the assent of the other – PIGNATARO V GILROY (iii) Sale or Return Goods:- (Already treated under “Forms of Sale” on slides 6 & 7. Please refer)
TRANSFER OF RISK IN GOODS RISK refers to the loss, damage or deterioration of the goods that form the subject matter of the sale. Risk is usually initially with the seller but is transferred at a point in time to the buyer – HEALEY V HEWLETT & SONS As a general rule, risk is transferred from the
Unless otherwise agreed to the contrary, risk passes to the buyer at the same time that property in goods pass. Where there is a delay in delivery attributable to either party, the party responsible for the delay will be liable for any loss, damage or deterioration caused by the delay – STERN LTD V VICKERS
TRANSFER OF PROPERTY IN GOODS BY NON- OWNER – S.28 (NEMO DAT QUOD NON HABEIT) The general rule is that a person who is not the owner of goods cannot transfer the property in the goods to a third party. This is generally known as the principle of Nemo Dat Quod Non Habeit EXCEPTIONS TO THE NEMO DAT QUOD NON HABEIT PRINCIPLE (i) Doctrine of Estoppel: this operates where the real owner of the goods, by his words or conduct misleads the buyer into thinking that the seller is the owner of the goods – PICKARD V SEARS,
(ii) Power of Sale conferred by Statute: this is where even though the seller is not vested with title, the provisions of an enactment, empowers the person in possession of the goods to sell them, eg. Pawn brokers ordinance, 1959. (iii) Sale by Merchantile Agent: A Merchantile Agent in possession of goods, or the documents of title to goods with the consent of the owner, may sell, pledge or dispose of the goods in the ordinary course of business and bind the owner thereby, whether
To suffice, a sale by the Merchantile Agent must be under the following conditions; (a) the Agent was in possession of the goods or document of title with the consent of the owner; (b) in selling, the Agent was acting in the ordinary course of business of a Merchantile Agent; (c) the purchaser did not at the time of
(iv) Sale under a voidable contract – A Voidable Contract is one which is valid until terminated at the instance of one party. Any sale under a voidable contract to a person who buys in good faith is valid. (v) Disposition by a buyer in possession of goods or documents of title – when a buyer who has bought or agreed to buy goods obtains, with the seller’s consent, possession of the goods, or the documents of title to them, any sale by such a buyer to a third party who takes it in good faith, without notice, the third party
(vi) Disposition by seller in possession –: where property in goods has passed to the buyer but the seller is in possession of the goods, he may pass good title to a third party who buys the goods in good faith for value without notice of the default in title of the seller.
You've reached the end of your free preview.
Want to read all 38 pages?
- Fall '18
- DR MAAME ADWOA GYEKYE JANDO
- Unascertained Goods