| what are the two fundamental statutes for sale of goods? | Sale of Goods Act 1979
Consumer Rights Act 2015 |
| what are goods? what are things in action? | good refers to specific physical products
things in action means a legal right to sue for something |
| what does section 2 (1) of the SOGA state? | A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price
goods
transfer
money consideration |
| what is not a personal chattel? | money and things in action |
| what are the main cases for monetary consideration? | > Chappell & Co Ltd v. Nestlé Co Ltd 1960 - wrappers were considered a monetary consideration
> Aldridge v. Johnson - an agreement to sell 52 bullocks in exchange for 100 quarters (one and a quarter tons) of barley with the difference in market value to be made up in money was treated without argument as a sale of goods |
| what is an agreement to sell? what is a sale? what is the difference? | agreement to sell: when the contract is made and it is stated the goods will pass at some later point, then it is an agreement to sell
sale: at the time the contract is made, the goods are transferred to make it a sale
besides the property transferring later, the remedies are affected by which contract of sale it is |
| what are the different types of goods? | existing goods
future goods
specific goods
unascertained goods
ascertained goods |
| what are existing goods? which section? | Existing goods are goods that already exist at the time the contract is made and are ‘owned or possessed by the seller’
SOGA s 5 (1) |
| what are future goods? which sections? | goods to be manufactured or acquired by him after the making of the contract of sale
SOGA 5 (1)
SOGA 5 (2): the contract acts as an agreement to sell when future goods are considered |
| what are specific goods? which section? | goods identified and agreed upon at the time a contract of sale is made
SOGA s 61
> Howell v Coupland 1876 - the defendant agreed to sell 200 tons of potatoes to the claimant on this specific plot of land. on this specific farm. Due to disease, they could only give 80 tons of potatoes. Claimant brought action. They won due to the claimant wanting those specific potatoes, and not just any the defendant could get their hands on |
| what are unascertained and ascertained goods? | Unascertained goods are any goods not identified or agreed upon at the time the contract of sale is made. This is due to the buyer going off description, rather than a specific good. For goods to be ascertained, they must be ascertained in the process when someone possesses your goods. |
