GROUP 8G ASSINGMENT: LAW OF SALE OF GOODS

          
  

DIANA MORAA HDE212-1345/2020

STACY INDUSA HDE212-1346/2020
PRUDENCE BUSHNELL HDE212-1347/2020
WINFRED MUENI HDE212-1348/2020
ISAAC KAYANDA HDE212-1350/2020
FENLY STANLEY HDE212-0201/2020
WICKLIFFE ORONI HDE212-0202/2020
1.Meaning of "Nemo dat quod non habet"
Is the legal principle that a person who doesnot  have adequate ownership of goods
or property cannot transfer the ownership of those goods or that property to
someone else.

Exceptions to the rule

 Sale under the authority of the owner by a pawnee.
 Sale by an unpaid seller.
 Sale by a buyer in possession after having bought or agreed to buy.
 Sale by a person in possession under voidable contract.
 Sale by  a mercantile agent.
2.  Remedies available to an unpaid seller against ;
                  A) The goods

 Right of lien- the right to retain possession of the goods.

 Right of stoppage in transit.
 Right of resale
 Right of withholding delivery.
        
               B)The buyer under the sale of goods act
 Suit for prices
 Suit for damages for non-acceptance
 Repudiation of the contract due date by buyer
3. Circumsatances when;
         A) A buyer may reject the goods and repudiate the contract
 If the seller delivers more goods than the quantity contracted.
 If the seller delivers less goods than the  quantity contracted.
 If the seller delivers by instalments contrary to the terms of the contract.
 If the seller delivers goods mixed with those of different prescriptions.

         B) The buyer may lose the right to reject the goods
 If he has accepted the goods and given something in earnest to bind the contract.
 If the duration if any prescribed by the contract has lapsed.
 If no duration is prescribed by the contract but reasonable time has elapsed.
4. a)Meaning of the sale of goods act that states that it is the duty of the seller
to deliver goods and the buyer to accept and pay for them in accordance  with
the  terms of the contract of sale.

It means that unless otherwise agreed ,delivery  of goods and payment of the price
are concurrent conditions, which means that the seller must be ready and willing to
give possession of the goods to the buyer for the price and the buyer must be ready
and willing to pay the price in exchange for the possession of the goods.

     Effect of the act

Is to underscore the salient obligations of the parties  to a sale of goods contract.

     b) seller duties in connection with delivery

 Put the goods into a desirable state.
 Deliver the goods as per the contract.
 Pass a good title to the buyer.
 Supply goods of the right quantity.
 Supply goods of the same quality.
   The buyer is deemed to have accepted the goods if;
 He signifies his acceptance to the seller.
 He does something in relation to the goods which is consistent with the
ownership of the seller.
 He retains the goods after expiration of the stipulated or reasonable time without
signifying his rejection.

5. a) Rules that govern delivery of goods

 Unless otherwise agreed, the buyer is not bound to accept delivery by
instalment.
 If the quantity delivered is more, the buyer may reject or accept those
included in the contract or accept all and pay at the contract rate.
 Goods must be  delivered within the stipulated time by the seller.
 Delivery is complete when the 3rd party notifies the buyer that he
holds the goods on his behalf in case the goods are in the hands of a 3rd party.

    b). Circumstances under which the right of lien is exercised

 Goods are sold without any stipulation for credit
 The goods are sold on credit but the credit term expired.
 The buyer becomes insolvent
 If the unpaid seller is in possession of the goods as an agent of the buyer or the
bailee for the buyer.

  c). Janet delivered her clothes to June for repair and paid for the work in
advance. It was agreed that June would deliver the clothes to Janets house
upon repair. However, June did not take the clothes back as agreed and in the
process they were stolen when a burglar broke unto Junes premises. With
reference to the above, highlight Junes liability, if any:

June is liable in damages for breach of duty-June had no other mandate other than
repair and return the clothes to Janet. She was bound to take reasonable care of the
clothes that subject matter of the bailment. Since she did not return the clothes to
Janet as agreed, the loss is traceable to Junes failure to return them upon repair.