ADMS 2610 Lecture Notes - Lecture 4: Canadian Dairy Commission, Pine Avenue, The Seller

• School: York University
• Department: Administrative Studies
• Course: ADMS 2610
• Professor: Joshua Sera

Document Summary

Lecture notes session eleven intellectual property. The seller would argue that the sale was complete and the title to the goods passed when the goods and their certificates etc. were placed in the hands of the carrier. (rule 5). The goods, therefore, belonged to the buyer when the algerian authorities rejected them. The buyer would argue that one of the stipulations of the contract was that the goods meet the import conditions of the. Algerian government, and until such time as they did, the title would not pass. In the alternative, the buyer might argue that the careless packing by the seller resulted in the rejection, and the seller was liable for the loss the buyer suffered. In the case of agrex s. a. v. canadian. 206, on similar facts, the court found that the title had passed, but the seller was liable for breach of warranty concerning the improper packaging. The court awarded the plaintiff lost profits as damages.