BUSINESS LAW COURSE WORK

A sale of goods contract by which a seller a grees to transfer the goods to thebuyer for a money
consideration called price. a sale of goods contracts once made can never come to an end and
sometimes can come to an end due to the following.

Agreement to sale:

In an agreement to sale, the buyer become the owner of the goods after fulfilment of certain conditions
so when those conditions are fulfilled the sale of goods contract can ever come to an end and fulfilled,
there the sale of goods contract can come to an end.

Right to resale:

Since the seller still owns the goods until certain conditions as agreed in the contract are fulfilled, he/she
has the right to resale the goods if the buyer fails to meet those agreed conditions thus making the
contract to come to an end.

Consequences of bread:

Breach of contract may be either for specific performance or failure to meet certain agreed conditions
by either seller or the buyer so in case of breach , a sale of goods contract can come to an end and it can
not come to an end when there is no breach in the contract and fulfilments of the agreed conditions .

Insolvency of the buyer before he/she pays for the goods.

The seller may refuse to deliver the goods to the official receiver unless they have been paid for while
the buyer may be wanting the goods on credit or paying for the goods on deliverly thus making the
contract to come to an end due to the insolvency of the buyer and subjecting the seller to resaling
goods.

By renval:

A contract sale of goods can never come to an end by renual where the contract is renued at its end
date as agreed and at the same time . it can come to an end when one of the parties decides not to
continue with it not renuing the contract .

By repudiation :

A sale of goods contract can come to an end by adeliberate refusal of either party to continue in the
performance of the contract .

By death of either parties:

a sale of goods contract can come to an end by death of either parties who are part and partial of the
contract as signatories and on the other hand it can never come to end when there is no death of either
parties .

by performance:

a sale of goods contract can never come to an end when the two parties continue fulfilling the agreed
upon conditions where my the seller has to simply quality and the buyer to pay in time or on the
delivery whereas it can come to an end by bleach in performance .

by terminations of mutual mistakes:

a sale of goods contract can come to an end by termination and this is based on whether it was created
by parties or by law

contract created by operation of law :

asale of goods contract come to and end when it was created by necessitay in case end of the necessity
contract and can also end if it was created by cohabitation in case the end of cohabitation .

No. 2

A sale of goods of contract can be deffereciatede form other forms of contract in the following ways
ways

Contract for the supply of services

The mojar distinction between the two lines in the legal effects whereby if the contract is asell of goods
the implied duties under the SOGA are incorporated in the contract and these are duties of strit liability
whereby the seller is made responsible for the defects of in the goods .

On the other hand if acontract is for supply of services the supply duties are generallt those of due care
where by services must be caried out with reasonable care and skills foreample Lee Vs Griffins
1861(1)B8S 272 court held or ruled that the contract for the supply of services of the socilitor was
acontract of the supply of services even though the solicitor must be execped to draft some documents
and deliver them to client and thereby becoming the clients property .

Contract of Bailment

This is the contract whereby goods are delivered to the bailer for some purpose on terms that require
the goods and ultimately redeliver to the bailer in accordance with a given instructions therefore here
as the distinguished from a sale of goods contract the property in the goods is not intend to pass upon
the delivery of goods .
Distinction with ahair purcase contract .

Under the hair purcase agreement the goods are delivered to the hairer purchase for his use at the time
of agreement where the owner agrees to transfer the property in goods to the hair purchaser only when
acertain number of installoments of the prices are paid by the hairer where as in the sell of goods ,
goods are transferred to the buyer at the time of contract .

Contract of sell and barter .

Where as under asell contract the consideration must be money barter involves conseneual exchange of
goods for goods between two parties . Aldridge Vs Johnstone (1957)7E&85S there was acontract which
involed exachange of 52 bullocks with 100 quarters of bearly and the difference in value was to be paid
out in money and this transaction was ruled out to be acontract of sale

NUMBER 2

A sale of good contact can be differentiated from other forms of contacts in the following in the
following was
Contract for supply of services

The major distinction between the two lines in the legal effects where by if the contract is asale of goods
the implied duties SOGA are incorporated in the contract and these are duties of strict liability whereby
the seller is made responsible for the diffects of goods .

On the other hand if the contract is for the supply of services , the suppler duties are generally those of
due care only where by services must be carried out with reasonable care and skill forexample in lee
Vs Griffin (1861)1 B& S272,Court held that the contract for the supply of services of asolicitor was a
contract for supply of services . even though the solicitor must be excepted to draft some documents
and deliver them to the client thereby becoming the clients property

Contract of Ballmate