SALES OF GOODS
by Xelsa Olaf
1. Conditions and Warranties
1.1. Section 12(2) - "A stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated."
1.2. Section 12(3) - "A stipulation collateral to the main purpose of the contract, the breach of which give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated."
2. Implied Terms
2.1. (1) Implied undertaking as to title in a contract of sale under Section 14
2.2. (2) Implied undertaking as sale of goods by description is provided in Section 15 of the Sale of Goods Act 1957
2.3. (3) Implied undertaking as goods must be reasonably fit for the buyers purpose under Section 16(1)(a)
2.4. (4) Implied undertaking as goods must be of merchantable quality under Section 16(1)(b)
2.5. (5) Implied undertaking as sale of goods by sample under Section 17
2.6. (6) Implied undertaking as to time
2.7. (7) Implied warranty that the buyer shall have and enjoy quiet possession of the goods under Section 14(b)
2.8. (8) Implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made under Section 14(c)
3. Section 4(1) of the Sale of Goods Act 1957 defines a contract of sale of goods as "A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price."
4. Goods
4.1. Section 2 of the Sale of Goods Act 1957 means "every kind of movable property other than actionable claims and money and includes stocks and shares, growing crops, grass, and things attached to or forming part of the land which agreed to be severed before sale or under the contract of sale."
4.2. Classification of Goods
4.2.1. i- Existing goods
4.2.2. ii- Future goods
4.2.3. iii- Unascertained goods
4.2.4. iv- Ascertained goods
4.2.5. v- Specific goods