Seminar Two – The Meaning of Goods

1. Priti a commercial coin dealer, has advertised the following coins for sale on her
website. With reference to the meaning of “goods” under the Sale of Goods Act
1979, consider whether the Sale of Goods Act 1979 would cover any of these coins?
She cannot list the coins as goods as under S61 of the Sales of goods Act 1979
money itself are not normally seen as goods. As it is previous coins then it must be
listed as an artifact not a good. Actual answer: She is a business. She may be
selling to another business or an average consumer. If she is selling to a consumer,
then she can’t be selling under the SOGA it is the CRA. If she is selling to another
business, then potentially she can use the SOGA as it is a commercial purchase.
Goods are personal items that are tangible other than things in action. Things in
action are such as services as it is from a period. Moss v Hancock. If it is currency
that can be spent then it can’t be legal goods. Can’t be selling current money as it
already has current value and cant be selling it more than it’s worth. The gold angel
is no longer legal tender or current coin and no legal value face to face. It is a former
coin so by the case of moss it is an artifact and can be sold and brought as a good
under the SOGA. The royal mint trial coin if it is not currently circulating then it is not
current money. But there was legal obligation for people to return these. There is
also a right to sell S12 SOGA. There is an argument that the seller would not have a
right to sell it as it needs to be returned. It is a grey are but the royal mint has not
taken no legal steps to reclaim these coins. Check if the business is selling to
another business or another consumer – different law. The coin is a good but they
have no right to sell.

2015 Royal Mint trial £1 coin of the new type. (Made by the Royal mint to supply to
vending machine manufacturers to adapt their machines, and not a coin made for
circulation. All coins were to be returned to the Royal Mint by a given date.)

Edward IV gold Angel.

Also, can this building be “goods” under the SOGA? Yes, durable goods can be
capital goods (man-made, durable items used by businesses to produce goods
and services. But land can not be classed as a sale of goods. Actula answer: It is
real property. The SOGA deals with personal goods

Or this pet food?

Yes as they are items that you can buy and sell and it is tangiable.

Need to look out for:

 Land
 Intellectual goods
 Things that need separate laws such as services.
3. And-

a) How does the Sale of Goods Act define the following categories of goods- specific,
ascertained and unascertained?
 Specific goods are goods that are known and identified at the time of the
contract – If you freeze time can you identify the goods?
 Ascertained goods are goods that are not specific –
- Start off as unascertained
identified contracts. Once the item has been identified after the contract has
been made. Ascertained goods can become unascertained but cannot become
specific goods E.G. Posted goods
 Unascertained – These are goods which are not known and unidentified at the
time of the contract – generic goods. Seller can supply it from anywhere.
Buying online. Identify the make and the product but not the actual product.

b) Which section is the interpretation section of the Sale of Goods Act 1979? Sale of
Goods Act 1979 S.61. Fall back section if you need clarification.

c) What is an agreement to sell under the Sale of Goods Act?

S2(6) – An agreement to sell becomes a sale when the time elapses or the conditions
are

S2(5) -