This chapter discusses the passing of property. The rules on the passing of property apply to consumers, although there are differences regarding the connection between the passing of property and the passing of risk following the Consumer Rights Act 2015 (CRA 2015). Moreover, the distinctions between existing, future, specific, and unascertained goods under the Sale of Goods Act 1979 (SGA) remain vital under the context of the passing of property. The chapter cites that the transfer of property from seller to buyer also has a number of important practical consequences in English law. It notes the differences between using either CRA 2015 or SGA to solve existing issues regarding consumer transactions.
Chapter
15. The passing of property
Chapter
9. Passing of the property in the goods as between seller and buyer
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter examines the concept of the passing of the property in goods as between seller and buyer which has significance for many purposes in law. It discusses why the matter is important, before going on to cover the rules for determining when the property passes as it is plainly a matter of the greatest importance to identify the point at which it occurs. The chapter goes on to discuss the statutory provisions relating to perishing of specific goods, how the passing of property is related to acceptance or rejection of goods, the risk involved in the passing of property, and the frustration of sale of goods contracts.
