Chapter 16 - Sale of Goods Act Textbook Notes from 12th Ed... Covers every heading and subheading, as well as things he throws in during class (which as you know is a lot!)

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16 Oct 2011

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Chapter 16: Sale of Goods
Sale of Goods Act
- Applies to sales (not barter, bailments or leases, consignments, non-contractual transfers)
- Of goods (not land or intangibles, or provision of services)
Consumer Protection Legislation
- Applies to sale of goods/services, might extend warranties described in SoGA
- Unlike the SoGA, it doesn’t protect B2B transactions
Contracts of Sale
- Money must be part of the transaction
- Distinguish between a sale and an agreement to sell, but Act applies to both
o Sale: seller transfers title at the moment the contract is made
o Agreement to sell: transfer is deferred until a future time (goods can be non-existent)
- Consignment: transfer of goods from consignor to consignee (agent) to sell at new location
- Goods: personal chattels…usually must be something you can touch
- Choses in action: binding obligations…something that doesn’t intrinsically have value, but may
have value in other contexts
Terms in a Contract of Sale
Caveat Emptor let the buyer beware
- Applies where the goods are in existence and are specific items that may be inspected by the
buyer, and when the seller makes no misrepresentations about them
- Encourages buyers to take care before contract to buy it
- However, if this was a strict principle sometimes sellers would rip buyers off SoGA protects
- Applies to the quality of goods, not the ownership
Statutory Protection for the Buyer: Implied Terms
- Condition: essential term of the contract; breach relieves injured party from further perf
- Warranty: non-essential term; does not relieve the injured party from performance
- Retail sales: sales of consumer goods by retail businesses to private individuals
- Seller’s Title:
o Implied condition that the seller has the right to sell the goods
o Implied warranty that buyer will have quiet possession of the goods
o Implied warranty that goods will be free of any charge from a 3rd party
- Description:
o Implies that goods sold by description will conform to the description (includes samples)
- Sustainability and Quality:
o 2 conditions where buyer doesn’t have to exercise care as to the quality of the goods:
The buyer tells the seller the purpose of the goods, and relies on the seller’s skill
or judgement
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