COMM 393 Lecture Notes - Specific Performance, Legal Advice, Estoppel
Document Summary
Discharge of contracts, breach of contract and damages. Under the influence of alcohol, parties must be aware alcohol is involved (?) If not shipment term specified, then look at sales of goods act (sga). Title and risk pass when contract is made, if needed to be placed in deliverable state then the risk passes to buyer when that action is completed or done by seller. Sale of goods on approval: risk passes when specified time or reasonable time. Goods have to be irrevocably set aside so much so that the seller cannot change their mind for unascertained goods, and buyer needs to be notified. Bevo case: contract called for delivery by carrier, seedlings destroyed in trust, buyer claiming for not paying and for lost profits: no seller not liable as risk entitlement passed to carrier. The following ways is how the contract is discharged:
