Unit 3 of Contract – II (syllabus: Module III — the contract of sale and the significance of the transfer of property, conditions and warranties, the transfer of title, performance, the rights of an unpaid seller and remedies for breach). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What distinguishes a sale from an agreement to sell, and why does it matter?
- When does the property in goods pass to the buyer?
- Who bears the risk of loss of the goods?
- What is the difference between a condition and a warranty, and when does a condition sink to a warranty?
- What are the exceptions to caveat emptor?
- When can a person who is not the owner pass a good title?
- What rights has an unpaid seller against the goods?
- What are the rules for a sale by auction?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Sale of Goods Act 1930, s. 4
- Sale of Goods Act 1930, s. 18 to 25
- Sale of Goods Act 1930, s. 26
- Sale of Goods Act 1930, s. 12, 13 and 59
- Sale of Goods Act 1930, s. 16
- Sale of Goods Act 1930, s. 27 to 30
- Sale of Goods Act 1930, s. 45 to 54
- Sale of Goods Act 1930, s. 64
Leading cases
- State of Madras v. Gannon Dunkerley & Co. (Madras) Ltd.
- Agricultural Market Committee v. Shalimar Chemical Works Ltd.
- Grant v. Australian Knitting Mills
- Pearson v. Rose & Young