Nobody downloaded yet

Sale of goods and agency - Essay Example

Comments (0) Cite this document
In the given case,Kangaroo Developments entered into a contract of sale with Libby’s wines on 20th January.The delivery of 200 bottles of Queensland Plonk was to be on 1st February by Libby’s wines on the premises of Kangaroo Developments…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.6% of users find it useful
Sale of goods and agency
Read TextPreview

Extract of sample "Sale of goods and agency"

Download file to see previous pages In the given case, Kangaroo Developments entered into a contract of sale with Libby’s wines on 20th January. The delivery of 200 bottles of Queensland Plonk was to be on 1st February by Libby’s wines on the premises of Kangaroo Developments. Libby’s wine had 700 bottles in their stock from which 200 bottles had to be separated to be delivered to Kangaroo Developments. The 200 bottles, while not separated, were general goods. In order to become ascertained goods, they had to be separated. The agreement was made on 20th January but the transfer of property had not yet been made. According to Sale of Goods Act, 1979, S.18 (Rule 2), “Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done.” According to the given facts, Libby’s wines had separated 200 bottles on 20th January and marked them to be delivered to Kangaroo Developments. There is no information in the given facts whether Kangaroo Developments had the knowledge that 200 bottles had been separated; hence ascertained. The manager put the bottles back after two hours of their separation. By the 1st of February, Libby’s wine had been liquidated. Assuming that Kangaroo Developments had no knowledge of the separation of 200 bottles, it would mean that the goods were never ascertained. Therefore, no transfer of property had taken place and the risk in them remained with Libby’s wines. In this case, since Kangaroo Developments had already paid the price of bottles to Libby’s wines, they would be entitled to recover the price. They would not be entitled to recovery of 200 bottles since the title was never shifted. On the other hand, if Kangaroo Developments had the knowledge that the goods were separated to be delivered to them, the goods would have been said to have ascertained and the transfer of property would have deemed to be made. In this case, Kangaroo Developments would have been able to recover the bottles if the courts were convinced that despite the liquidation of Libby’s wines, the delivery of 200 bottles was possible. It is because the title of the bottles and the risk in them had been transferred when they were separated. If the liquidation of Libby’s wines had made the delivery impossible, then Kangaroo Developments would only have been able to recover the price. In Underwood Ltd v Burgh Castle Brick and Cement Syndicate, the plaintiffs made an agreement to sell a horizontal tandem condensing engine to the defendants. The engine had to be dismantled. After it was dismantled but before it could be delivered, the bed plate of the engine was broken accidently. The defendants refused to accept the engine. The plaintiffs sued. It was held that the defendants were entitled to reject the engine because the engine was not ascertained as the defendants did not have the knowledge about that fact. Therefore, the title was not transferred. Therefore, by the application of S.18 of Sale of Goods Act, 1979 and Underwood Ltd v Burgh Castle Brick and Cement Syndicate, Kangaroo Development would only be able to recover the price if they did not have the knowledge of 200 bottles being separated. The property in goods and the risk in them would remain with Libby’s wines. Against William and Sons According to the given facts, Kangaroo Developments contracted to purchase 500 branded coffee mugs from William and Sons. Each mug was required to be printed with Kangaroo Development’s logo. In this case, the subject matter is future goods. According to S.18 of Sale of Goods Act, 1979, the property in goods would transfer to Kangaroo Developments when the printing of logos is done and they have the notice of it. Here, again, the transfer of property hinges on the affirmation of the fact whether Kangaroo ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Sale of goods and agency Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from
(Sale of Goods and Agency Essay Example | Topics and Well Written Essays - 2500 Words)
“Sale of Goods and Agency Essay Example | Topics and Well Written Essays - 2500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Sale of goods and agency

Sale Of Goods

...? Sale of Goods Law By s Due Q Obama is a specialist publisher of political material. He entered into a contract with David who sells political books. The contract was for the sale of 120,000 books entitled How to win votes on CIF terms. They had negotiated the terms of the contract over the internet via email. The books were to be shipped in three containers in January 2010 from New York (the US) to Southampton (the UK). Obama received a clean Bill of Lading and shipped the goods. However, when David received the books, he found that the entire contents of one container had been badly damaged because the carrier had not stowed the container properly. He also found that the books in another container were about gardening instead... of...
18 Pages(4500 words)Coursework

Sale of Goods Contracts

...Sale of Goods Contracts Any issue involving different parties could be termed as a contract. This means thatcontracts are marked with agreements towards a certain goal. However, due to teh diversity and requirements in dealing with contracts, statistics prove that approximately 20% of all contracts do not succeed. In publishing his book, Principles of commercial law, Ian (2001) argued that contract involving sale of land like any other contract focus on creating a legal obligation through writing, but one of the most complex contracts. The common law defines a sale of goods contract as conformity to transfer the possession of goods or...
6 Pages(1500 words)Essay

Sale of Goods and Agency Section 14

...? Sale of Goods and Agency Sec.14 s The section 14 of the sale of goods act of 1893 is about the agreement for the transfer of ownership of goods from the trader to the client whereby the trader acknowledges the transmission of possession in goods to the clients in exchange for consideration usually in monetary terms for its worth1. The act requires that the goods should be of the right value and that it should be useful for the use of the client2. This section also stipulates the requirements for the completion of sale agreement and the process for effecting the sale agreement3. In BSS Group Plc v Makers (UK) Ltd (t/an Allied Services) [2011] EWCA Civ 809, case, the BSS during his ordinary trading activities had sold some gold... the...
4 Pages(1000 words)Assignment

Consumer Protection Sale of Goods

...Consumer Protection - Sale of Goods School Consumer Protection - Sale of Goods The government in its attempt to provide security to a buyer in such a retail environment has proposed a few laws which ascertain certain rights to every individual, commonly referred to as Consumer Laws. The Supply of Goods and Services Act 1982 offers a few remedies in cases of breach of such contracts which is applicable in the course of business. Let us now consider the case of Jim Fenton in the light of the above said Act. Super Slammer Tennis Racquet Upon reviewing the circumstances in this case I would offer Jim the following explanation and advice: The issue here is...
10 Pages(2500 words)Essay

Law of Sale

...on the part of the seller. According to the contract of sale, if there is a sale by sample as well as by description it is not sufficient that the bulk of goods correspond with the sample if the goods do not correspond with the description. That is to say, incase of sale by sample as well as description the goods must correspond not only with the sample, they must also correspond with the description given under the contract. In Arcos V. Ronaasen 9133 2, All ER 646, it was _________________ 1. Dr. S.K. Kapoor, sale of Goods Act 1999, Central law Agency. 2....
8 Pages(2000 words)Case Study

Commercial law-Sale of goods

...Running head: ANALYSIS OF CASE STUDIES ON SALE OF GOODS Commercial Law - Sale of Goods Malik Vs Constance In the first case where Malik had contracted with Constance, the issue of modifying goods before sale arises. Under the sale of goods Act, if the buyer and the seller have agreed that certain modifications need be done on the goods before sale then this must be so. Malik finished modifying the goods and the communicated to Constance who unfortunately never received Malik's communication. Under The Rules Governing Communication In The Law Of Contract:...
12 Pages(3000 words)Case Study

Sale of Goods Act 1979

...The Sale of Goods Act 1979 contains no definition of what it means when it speaks (in Section 13) of a contract for the sale of goods being a sale 'by description'. One must look to the contract as a whole to identify the kind of goods that the seller was agreeing to sell and the buyer agreeing to buy." Style: APA Language Style: English UK Answer: In order to answer this question it is necessary to discuss about Section 13 of The Sale of Goods Act 1979. Section 13(1) of The Sale of Goods Act 1979 states that where there is a contract for the...
12 Pages(3000 words)Essay

Manufacture and Sale of Counterfeit Goods

.... Several arrests and raids have been conducted in several parts of the world in connection with the above and specific gangs that are behind the operation have been identified in Southern Italy, Japan and Hong Kong. There is however a lack of strict penalties imposed on companies that produce such goods and hence many judiciaries across the world are in the process of implementing better legal policies and creating a better awareness about the counterfeit industry (Counterfeiting and Organised Crime, 2003). Hence the situation calls for implementation of stricter policies and measure that should help to curtail and combat the manufacture and sale of counterfeit products across the world. While...
4 Pages(1000 words)Essay

The Sale of Goods Act

...The Sale of Goods Act In our problem, the first issue to be considered is whether the cat seller had breached section 13(1) of the Sale of Goods Act, which requires goods sold by description to conform to their description. Section 13 of the Sale of Goods Act 1979, states that in a sale by description, the goods must conform to their description. Such sales transpire, if the buyer relies on their description without actually seeing them; or if the buyer, despite seeing the goods, relies on their description by the seller (Fuller, 2010, p. 61). The...
4 Pages(1000 words)Essay

Comerical law. sale of goods

...Commercial Law: Sale of Goods Under the Uniform Commercial (UCC), John’s Case against ABC is a case of implied warranties because most of the warranties where conducted through phone and not official writing was made (Cornell University Law School 1). Therefore, John presumed that the president of ABC was sure of his concerns. Fraud also comes into play under the UCC because the ABC president had assured John that they used the right material, but in reality they had used “poly roofing,” which degraded material. Under Section 14(2) of the 1994 Sale and Supply of Goods Act, a buyer should be sold to goods that are of high quality or at least the quality...
1 Pages(250 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Sale of goods and agency for FREE!

Contact Us