SOGA

1. Transfer of Totle

1.1. Section 27 Sale of Goods Act set out the nemo dat rule which provides that in general , no one can transfer a better title than he himself possess.

1.2. 'Nemo Dat' Rule

1.2.1. 1. Estoppel (Section 27)

1.2.2. 2. Sale by mercantile agent (Section 2)

1.2.3. 3. Sale by one of joint owners (Section 28)

1.2.4. 4. Sale under a viodable title (Section 29)

1.2.5. 5.Sale by a seller in possession after sale (Section 30(1))

1.2.6. 6.Sale by a buyer in possession (Section 30(2))

2. Performance of Contract

2.1. Section 31 - in order to perform a contract of sale, the seller must deliver the goods to the buyer, and the buyer must accept and pay for them. (The obligations of each party are concurrent.)

3. Delivery the wrong quantity : Section 37

3.1. When the seller delivers to the buyer a quantity of goods less than the contracted to sell - Buyer can accepts the goods or reject it.

3.2. When the seller delivers to the buyer a quantity larger than the contracted to sell - The buyer may accept the goods included in the contract and reject the rest, of he may reject the whole.

3.3. Mixed with goods of a different description not included in the contract - The buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.

4. Breach by the buyer

4.1. Section 44: Failure of the buyer to take delivery of the goods

4.2. Section 56: Failure of the buyer to accept the goods.

4.3. Section 56: Failure of the buyer to pay for the goods.

4.4. Section 45 : When the buyer breaches the contract, the seller will end up being an unpaid seller.

5. Rights of an Unpaid Seller against the goods

5.1. 1.The rights of lien over the goods or to retain them for the past

5.2. 2.The rights of stoppage in transit (buyer's insolvency)

5.3. 3.The right to resale.

6. Transfer of Property

6.1. From the seller to the buyer.

6.2. It is important to know when property passes because of the following :

6.2.1. 1. The transfer of the risk

6.2.2. 2. The seller can only sue for the price when the ownership has passed.

6.2.3. 3. Difficulties arise in the event of the seller's bankruptcy as to whether the goods are his.

6.3. Types

6.3.1. (a) Unascertained goods - Section 18

6.3.2. (b) Ascertained goods - Section 20

6.3.3. (c) Specific goods - Section 21 & 22

7. Acceptance : Performance and Transfer of Owership

7.1. 1. when the buyer intimates to the seller that he has accepted the goods.

7.2. 2. when the buyer does act inconsistent with the ownership of the seller.

7.3. 3.where the buyer retains the goods for more than a reasonable time without telling that he has rejected them.

8. Breach by Seller

8.1. Section 57 - Sue for damages for non delivery by the seller

8.2. Section 58 - Specific performance : case - Mensa Mercantile (Far East) Pte Ltd V Eikobina

8.3. Action in tort - Detinue or conversion

8.4. Section 59 - Damages for breach of warrenty