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Lernmaterialien für Contact law an der Prince Sultan University

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What Importance of passing property?

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At one stage in the contract of sale, the property will pass from the seller to the buyer.  This means that ownership will pass.  

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important to know whether the property has passed because??


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1. When property passes risk will also pass.

2. The right of the seller to sue for price.

3. The right to sue a third party.

4. In the event of insolvency of either the seller or the buyer.

 

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What will happen When property passes risk will pass?

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The general rule is that the risk follows the ownership, irrespective of whether or not the price is paid or delivery has been made.

 If the goods are damaged or destroyed, the loss shall be borne by the person who is the owner of the goods at the time of damage or destruction

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the meaning of The right of the seller to sue for a price??

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The seller can sue the buyer for the price unless otherwise agreed, only after the gods have become the property of the buyer. 

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the meaning of the right to sue a third party??

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When the goods are in any way damaged or destroyed by the action of third parties, it is only the owner of the goods who can take action against them.

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In the event of insolvency of either the seller or the buyer, what happens ??


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In the event of insolvency of either the seller or the buyer, the question of whether the goods can be taken over by the Official Receiver or Assignee will depend on whether the property in goods is with the party who has become insolvent.

 

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How to determine when does property passes?


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-Firstly, we have to look at the intention of the parties.  

-If there is no evidence of such intention, then reference can be made to what the law says.

-Passing of property depends on the types of goods involved

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TESTE DEIN WISSEN

what is the first rule of Transfer of property in specific goods? and the case. 

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Rule 1:

If it is a sale of specific goods which is in a deliverable state and the contract is unconditional, the property will pass to the buyer at the time of the contract, even though there is no payment of the price or delivery of the goods.

case : Underwood Ltd. V. Burgh Castle 

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what is the second rule of Transfer of property in specific goods? and the case. 

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-If the specific goods are not in a deliverable state or if there is a condition attached to them, then the property will not pass. 

-It will pass only after it has been put in a deliverable state or the condition fulfilled, and the buyer gets notice thereof.

case Jerome v Clements Car Sales Ltd 

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Peter buys a laptop from an electronics store and asks for home delivery. The shopkeeper agrees to it. However, the laptop does not have a Windows operating system installed. The shopkeeper promises to install it and call Peter before making the delivery. In this case, the property transfers to Peter only after the shopkeeper has installed the OS and notifies Peter about it

Example of which rule? 

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Rule 2

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TESTE DEIN WISSEN

what is the third rule of Transfer of property in specific goods? and the case. 

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  • Sometimes, there is the sale of specific goods but the seller has to do something to determine the price, e.g – the buyer buys all the dates harvest from the seller at SR50 per 5 kilos.
  • So the seller has to weigh all the dates to determine the price due from the buyer to the seller.
  • Once that is done and the price is informed to the buyer, the property will pass to the buyer.
  • case Nanka Bruce v Commonwealth Trust Ltd. 
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TESTE DEIN WISSEN

What are the important concepts in transfer property?

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1. Ownership       2. possession.

1. Ownership refers to property or title in goods and possession refers to having custody of the goods.

2. possession does not mean he has ownership of it.  In sales, the law is more concerned with ownership of property in goods.

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Q:

What Importance of passing property?

A:

At one stage in the contract of sale, the property will pass from the seller to the buyer.  This means that ownership will pass.  

Q:

important to know whether the property has passed because??


A:

1. When property passes risk will also pass.

2. The right of the seller to sue for price.

3. The right to sue a third party.

4. In the event of insolvency of either the seller or the buyer.

 

Q:

What will happen When property passes risk will pass?

A:

The general rule is that the risk follows the ownership, irrespective of whether or not the price is paid or delivery has been made.

 If the goods are damaged or destroyed, the loss shall be borne by the person who is the owner of the goods at the time of damage or destruction

Q:

the meaning of The right of the seller to sue for a price??

A:

The seller can sue the buyer for the price unless otherwise agreed, only after the gods have become the property of the buyer. 

Q:

the meaning of the right to sue a third party??

A:

When the goods are in any way damaged or destroyed by the action of third parties, it is only the owner of the goods who can take action against them.

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Q:

In the event of insolvency of either the seller or the buyer, what happens ??


A:

In the event of insolvency of either the seller or the buyer, the question of whether the goods can be taken over by the Official Receiver or Assignee will depend on whether the property in goods is with the party who has become insolvent.

 

Q:

How to determine when does property passes?


A:

-Firstly, we have to look at the intention of the parties.  

-If there is no evidence of such intention, then reference can be made to what the law says.

-Passing of property depends on the types of goods involved

Q:

what is the first rule of Transfer of property in specific goods? and the case. 

A:

Rule 1:

If it is a sale of specific goods which is in a deliverable state and the contract is unconditional, the property will pass to the buyer at the time of the contract, even though there is no payment of the price or delivery of the goods.

case : Underwood Ltd. V. Burgh Castle 

Q:

what is the second rule of Transfer of property in specific goods? and the case. 

A:

-If the specific goods are not in a deliverable state or if there is a condition attached to them, then the property will not pass. 

-It will pass only after it has been put in a deliverable state or the condition fulfilled, and the buyer gets notice thereof.

case Jerome v Clements Car Sales Ltd 

Q:

Peter buys a laptop from an electronics store and asks for home delivery. The shopkeeper agrees to it. However, the laptop does not have a Windows operating system installed. The shopkeeper promises to install it and call Peter before making the delivery. In this case, the property transfers to Peter only after the shopkeeper has installed the OS and notifies Peter about it

Example of which rule? 

A:

Rule 2

Q:

what is the third rule of Transfer of property in specific goods? and the case. 

A:
  • Sometimes, there is the sale of specific goods but the seller has to do something to determine the price, e.g – the buyer buys all the dates harvest from the seller at SR50 per 5 kilos.
  • So the seller has to weigh all the dates to determine the price due from the buyer to the seller.
  • Once that is done and the price is informed to the buyer, the property will pass to the buyer.
  • case Nanka Bruce v Commonwealth Trust Ltd. 
Q:

What are the important concepts in transfer property?

A:

1. Ownership       2. possession.

1. Ownership refers to property or title in goods and possession refers to having custody of the goods.

2. possession does not mean he has ownership of it.  In sales, the law is more concerned with ownership of property in goods.

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