Contract of sale Table of content 1. The seller’s duty to protect 2. The seller’s duty to deliver 3.1 The meaning of delivery 3.2 How delivery occurs 3. The seller’s ability for latent defects 4.3 General principles 4.4 Requirements for liability 4.5 Scope of the seller’s liability 4.6 Waiver at the time of conclusion of the agreement 4.7 Latent defects in repairs 4. The manufacture & dealer’s liability for latent defect 5
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Case Study 1 Question 1 Under the Sale of Goods Act 1979‚ A contract of Sale is a contract where a seller transfers or agrees to transfer goods or a service to a buyer for money‚ in the course of a business. The transfer must be for money‚ barter or exchange are not covered. The Act covers sales and agreements to sell. Question
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SALE OF GOODS ACT‚ 1962 (ACT 137) ARRANGEMENT OF SECTIONS PART I - NATURE AND FORMATION OF THE CONTRACT 1. Contract of sale. 2. Capacity to buy and sell. 3. Contract of sale‚ how made. 4. Auction sales. 5. Specific and unascertained goods 6. The price. 7. Agreement to sell at valuation. PART II - DUTIES OF THE SELLER 8. Fundamental obligation of the seller. 9. Implied condition that specific goods are in existence. 10. Implied undertakings as to title. 11. Sale by description. 12. Sale by
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Sale of Goods Act‚ 1930: It is an Act to define and amend the law relating to the sale of goods. It tells about the meaning of sale and goods‚ warranties and conditions‚ property transfer and includes the rights of unpaid seller. The contracts for the sales of goods are subject to legal principles similar to the all other contracts .This law is included in chapter VII of the Indian Contract Law‚ 1872[sections 2(5) and 3]. It first came into force from 1st July 1930. It has been re-enacted again
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THE SALE OF GOODS ACT‚ 1930 What you should know? ✓ 15.1 Formation of Contract of Sale ✓ 15.2 Conditions and Warranties – Doctrine of Caveat Emptor. ✓ 15.3 Transfer of Ownership from seller to buyer – Transfer by non-owners ✓ 15.4 Performance of the Contract – Rules regarding delivery. ✓ 15.5 Rights of Buyer ✓ 15.6 Rights of Unpaid Seller ✓ 15.7 Auction Sales The Sale of Goods Act‚ 1930‚ governs transfer of property in goods. It does not include transfer
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------------------------------------------------- Sale of Goods Act (Alberta) Alberta’s act is similar to most acts in other provinces. The Sale of Goods Act (SGA) supplements the common law rules for contracts. The SGA essentially codifies the common law exceptions to the common law rule of caveat emptor (buyer beware). Purpose: to provide missing terms in contracts for sale of goods when the parties neglected to supply sufficient details themselves parties can include different
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CONTRACT TERMS ACT 1977 The basic purpose of UCTA 1977 is to restrict the extent to which liability in a contract can be excluded for breach of contract and negligence‚ largely by reference to a reasonableness requirement‚ but in some cases by a specific prohibition. S.6(2) states that as against a person dealing as consumer‚ liability for breach of the obligations arising from ss.13‚ 14 or 15 of the Sale of Goods Act 1979 (seller’s implied undertakings as to conformity of goods with description
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in contract (discuss) Price variation – allowance for inflation‚ fuel costs and exchange rates (discuss) Payment terms (discuss) Quality and quantity – goods to match what has been agreed (discuss) Reservation of title – ownership stays with the seller until goods fully paid for (discuss) Time for performance and rejection of goods Agreement
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contract‚ the obligations entered into by the parties‚ may be oral or set out in writing. In addition‚ certain terms will be imposed upon the parties‚ most notably by statute under the Sale of Goods Act 1979 ‚ The Sale of Goods (Implied Terms) Act 1973 and The Supply of Goods and Services Act 1982 The Sale and Supply of Goods to Consumers Regulations 2002 or by custom or by necessity. These terms are called ‘Implied Terms’. *** 6.1.1 The Parol Evidence Rule Oral evidence may not be adduced to add to
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Business Law David Kelly‚ Ann Holmes‚ Ruth Hayward 5th Ed CHAPTER 6 CONTENTS OF A CONTRACT This chapter will consider what the parties have actually agreed to do. What they have agreed to do form the terms of the contract. 6.1 CONTRACT TERMS AND MERE REPRESENTATIONS As the parties will normally be bound to perform any promise that they have contracted to undertake‚ it is important to decide precisely what promises are included in the contract. Some statements do not form part of
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