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.
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
Chapter
6. Non-existence and perishing of goods
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the effect of the contract of sale of goods in the event that the goods never existed or, if they did exist at one time, are no longer in existence. It first looks at the contract for the sale of specific goods which, without the knowledge of the seller, have perished at the time when the contract is made and then considers an agreement to sell specific goods which, without any fault on the part of either party, subsequently perish before the risk passes to the buyer. The chapter also explains the frustration of a contract for the sale of unascertained goods under s 7 of the Sale of Goods Act 1979 and the question of monies owing or to be repaid under the Law Reform (Frustrated Contracts) Act 1943.
Chapter
16. Risk, frustration and mistake
This chapter presents the key concepts of risk, frustration, and mistake in line with the ownership or possession of property. It starts with the notion of risk by acknowledging that any commercial operation involves risk, but risks can be allocated between parties by the terms of the contract. Additionally, a contract of sale can be affected by mistake or frustration in the same way as any other contract. The Sale of Goods Act 1979 (SGA) provides provisions to deal with mistakes and frustrations in several circumstances. The chapter also considers the Consumer Rights Act 2015 (CRA 2015), which altered and simplified the position of consumer buyers of goods.
