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Contract of Sale

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Contract of sale
• Essentials of contract

– contract of sale

– Contract

– Two parties

– Transfer of property

– Goods

– Price
Kind of goods
• Existing goods

• Future goods

• Specific goods

• Unascertained goods

• Contingent goods
The seller
• Require to qualify

• Owner of goods

Exceptions

• Pledgee

• Finder of lost goods

• Agent of necessity

• Unpaid seller
Ownership and possession
• Distinguishable and not necessary for the seller

• The sale

• Transfer of title

• In consideration of the payment

• Promise to pay

• In terms of money
Types of sale
• Sale or return

• Installment sale

• Memorandum of sale

• Sale per aversionem


• Willing sale

• Forced sale

• Judicial sale

• Sale and return

• Sale with all faults

• Sale by description

• Sale by sample
• Condition
– Term of contract

– Goes to the root of contract

• Warranties

– More or less collateral to main object

– Maybe express or implied


Implied condition
• Condition of title

• Where seller sells goods

• Sale by description

• Sale by sample

• Sale by description and sample

• Condition for wholesomeness


Implied Warranties
• Quite possession

• Free from encumbrances

• Disclosure of dangerous goods


Doctrine of caveat emptor
• Terms of contract of sale
» Maybe express or implied

• About goods

• About delivery
» Mode of delivery
» Schedule of delivery
» Means of delivery

• About price
» Schedule of payment
» Mode of payment
• Rights of buyer
• To take delivery

• To reject

• To notice of insurance

• To examine

• To sue

• Duties
• To accept goods

• To apply for delivery


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