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Case - 16(1)(a) Disclosure of purpose

Griffith v Peter Conway

Sec 9(2)

If the price is not determined, buyer must pay a reasonable price

Case - Transfer of title

Lim Chu Lai v Zeno Ltd Facts: Ahmad sell the unused materials to Lim Chu Lai even though he's not the owner.

Case - nemo dat quod (estoppel)

N.Z Securities v Wrightcars Facts : A> B > C

Case - Implied C as description

Nagurdas Purshotumdas v Mitsui Bussan Kaisha

Case - nemo dat quod ( buyer in possession)

Newtons of Wembley Ltd v Williams

Case - 16(1)(a) not under patent or trade name

Panglima Aces Sdn Bhd v Highway Bricks Work Sdn Bhd

Definition- sale

Property or ownership of the goods are transferred from the seller to the buyer at the time of contract.

Case - Implied C Title

Rowland v Divall - Plaintiff bought a car which was owned by a thief(def).P had to return the car to true owner. Defendant was liable for breach of contract

Definition- goods

Sec 2 - everykind of movable property other than actionable claims, includes stock and shares, growing crops and thjbg attached to land which are agreed to be servered for sale.

Transfer of Title

Sec 27- goods are sold by a person who's not the owner, the buyer acquires no better title to the goods than the seller had. - nemo dat quod non habet

Definition- agreement to sell

Sec 4(4) - an agreement to sell become a sale when the time elapses or the conditions are fulfilled.

Case - Implied W free from encumbrance

Steinke v Edwards

Case - Implied C by sample 17(2)(c)

Drummond v Van Ingen

Right in personam

- 44; failure of buyer to take delivery - 55; failure of buyer to accept the goods - 56; failure of buyer to pay for the goods

Right in rem ( right of resale)

- 54(1); seller is not allowed to resell the goods - 54(2); seller has the authority to resell when: - perishable nature (54(2)) - give notice to buyer if his intention to resell - seller expressly reserves a right of resale in case buyer make default 54(4) - if buyer did not give notice, seller lost his right to claim for damages and buyer is entitled to get the profit from the sale

Right in Rem ( stoppage in transit)

- buyer becomes insolvent and had parted the goods to the buyer. Seller has the right to stop the transit as long as it is still in transit - 51; goods are in transit - give notice to the carrier -52(1); seller will be put into position as he did not part with the goods

Sec 13

- buyer waives the conditions - buyer treat breach of conditions as breach of warranty - contract is not severable and buyer accepts the goods - specific goods the property in goods has passed to the buyer

Right of seller to sue the buyer

- property in goods has passed to buyer but buyer refuse to pay - 55(2); contracted tht price to be paid at a certain date, buyer refuse to pay eventho goods has not been passed

Right for unpaid seller

- right in personam - right in rem

Right in rem ( against the goods) Lien

-sold without stipulation of credit, -sold on credit but the credit term expired - buyer becomes insolvent - 47(1); -has made part delivery, May exercise his right of lien on the remainder

Exceptions to Nemo Dat Quod Non Habet

1) estoppel ( sec 27) 2) sale by mercantile agent (sec 27) 3) sale by one of joint owners (sec 28) 4) goods under voidable title (29) 5) sale of goods by seller in possession after sale ( sec 30(1) ) 6) sale of goods by buyer in possession (sec 30(2) )

Remedies for Buyer

1) right of buyer to bring an action for non- delivery (57) 2) right of buyer to bring an action for specific performance (58) 3) remedies available to buyer for breach of warranty (59) 4) buyer's action in tort - detinue: property of goods had passed to the buyer but the seller withholds eventho buyer had demand it - conversion: seller wrongfully sells the goods to a 3rd party eventho the property had passed to the buyer.

Implied terms Soga

1- condition: title ; 14(a) 2- warranty; quiet possession; 14(b) 3- warranty; free from encumbrance ; 14(c) 4- condition; correspond with the desc ; 15 5- condition; no, fitness of particular purpose; 16(1)(a) 6- condition; merchantable quality ; 16(1)(b) 7- condition; by sample ;17 (2) (a) (b) (c)

Terms of contract

12(2) - condition is an essential requirement for the main purpose of the contract 12(3)- warranty is a stipulation of collateral to the main purpose of the contract 13- exceptions when innocent parties cannot repudiate the contract

Definition- contract of sale of goods

4(1)- seller transfers the property in goods to the buyer for a price

Case - 16(1)(b)

Wilson v Ricket , Cockerell & Co