Ask Business Law & Ethics Expert

Sale of Goods

However in US Law relating to the sale and purchase of goods is such contained in the Sale of Goods Act like cap 31. Therefore the Act is a reproduction of Goods Act 1893 of the English Sale that was made part of the US Law through the colonial administration in the US on date 1st October 1931.

Explanation

Further section 3 (1) of the Act defines a sale of goods like "a contract where through the seller transfers may agrees to transfer the property in such goods to the buyer to a money consideration recognised the price".

Fundamentals of the defination

Although the legal consequences of the above definition are: like;

(a) Whether a sale of goods is "a contract". With Part II of the Act bears the heading "formation about the contract" there is nothing in it such regulates the actual formation of the contract of sale of goods. Conversely it appears reasonable to assume such the contract envisaged through the Act is to be formed according for the rules such govern the formation of contracts in like general, as namely, and like the rules of the common law. Subsequently before a sale of goods be capable of take place: like;

(i)There must be an offer for buy, may sell, tagging on a corresponding acceptance there.

(ii)All the other conditions prescribed through the common law to the validity of a contract be required to be met. Therefore by s.6 provides such a contract regards the sale of goods worth two hundred shillings may as more have to be entered in, otherwise evidenced, and may like in writing, or else the contract is unenforceable also.

(b) The contract effects a transfer like; "the property in such the goods" delineated through it to the buyer there.

(i)The transfer is immediate then the contract constitutes "a sale".

(ii)Although the transfer is delayed then the contract constitutes "an agreement for sell."

Hence "The property in goods" in this context because "the ownership of the goods" like sold or agreed for be sold. Further in effect what like the buyer pay to, is not the physical goods although the right to own them. So then he has acquired the ownership that he will be in a position for do anything he pleases-further frequently taking possession of them otherwise reselling them there.

(c) The consideration to the transfer of ownership must be there "a money consideration" there. Thus reason that a barter is not like "sale" of goods. So further it is an exchange of goods in view of the fact that never like "money" as cash else cheque is paid through either party.

Therefore in Aldridge v Johnson an agreement provided to the exchange of 52 bullocks by way of 100 quarters of barley so then the difference in their value being payable such in cash. Further it was held like the agreement constituted a sale of goods during the statutory definition. Further the money paid through the one party would be regarded like the "money consideration" with the goods delivered or to be delivered about the other party. Conversely the apparent inadequacy of the consideration is then legally irrelevant. Whether in any case the owner about the goods must be assumed for know what that he is doing there.

(d) However the provision that the property in the goods like; "transferred" because there must be two different parties for the contract. Subsequently a person cannot sell goods for himself-even though it appears probable such he can do so in two distinct capacities. Further even so there may like a sale during like a "part-owner" of the goods also.

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M9520146

Have any Question?


Related Questions in Business Law & Ethics

Assignment -purpose - this significant task requires

Assignment - Purpose - This significant task requires forward planning and adequate time for research, reading and reflecting. The purpose of the assignment is to enable you to achieve outcomes in knowledge, skill and ap ...

Group report1 this group assignment consists of 2 parts

GROUP REPORT 1. This group assignment consists of 2 parts. Part A is a case study on contract law, and Part B is a question involving Corporations Law. Both questions must be answered. 2. The total word limit for the gro ...

Managing the legal environment assignment - research

MANAGING THE LEGAL ENVIRONMENT ASSIGNMENT - RESEARCH PROJECT Company: Nike (a) Summarise in about 250-500 words the characteristics/features of the organisation (you can choose a statutory/government body or select a bus ...

Corporations law - assignment questions -objectives -

CORPORATIONS LAW - ASSIGNMENT QUESTIONS - Objectives - Answer the following questions with reference to the relevant statute law and general common law principles operating in Australia concerning the consequences of the ...

Business law assignment question -mabo has been said to a

BUSINESS LAW ASSIGNMENT QUESTION - Mabo has been said to a cornerstone of the Australian legal system. Your response must discuss the following: 1. Discussion of the Mabo (No 2) case. 2. Explain the impacts of the case o ...

Assignment - advanced financial accounting1 classification

Assignment - Advanced Financial Accounting 1. 'Classification of liabilities is based on the same principles as the classification of assets.' Do you agree with this? Why or why not? 2. 'Classification of liabilities as ...

Property law for business assignment question -mrs betty

PROPERTY LAW FOR BUSINESS ASSIGNMENT QUESTION - Mrs Betty Joyce lives in an old, war-time vintage army shed in Baldivis. When she started to live in the shed, in the early 1960s, the whole area was a remote backwater. Si ...

Compare and contrast tort law and criminal law explain the

Compare and contrast tort law and criminal law. Explain the purpose of the law of torts in contract to the purposes of criminal law. Why are they different? Support your answer using specific examples from the textbook.

Assessment taskassignment questiondiscussi the main ways

Assessment Task Assignment question: Discuss: i. the main ways that a company may source finance; and ii. the benefits and costs associated with the main sources of corporate finance. Guidance - Students are to read text ...

Australian commercial and corporations law assignment -this

Australian Commercial and Corporations Law Assignment - This assignment deals with critical problem solving skills. This assessment tests course objectives addressing: Knowledge of relevant law, Application of the law to ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As