COMMERCE 4SD3 Chapter Notes - Chapter 16: Caveat Emptor, Personal Property, Repossession
5 Jun 2017
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Goods: personal property, other than money and choses in action. Sale of goods act only refers to goods . Property is divided into : real property (land, personal property. Ownership is who has title to the goods. Breach of a condition relieves a party from having to perform. Breach of a warranty does not relieve the injured party from performance: can sue for damages. Implied terms are only implied in the absence of an express term to the contrary. Implied term as to title: it is implied that the seller has a right to sell the goods. Implied term as to description: it is implied that goods sold by description will conform to the description. Description refers to generic characteristics of the good not words of praise for the good: if a sample is provided then characteristics of the sample represents description.
