The document discusses implied warranties and when property passes from the seller to the buyer. Implied warranties include that the buyer must get quiet possession of goods, goods must be free from encumbrance, and fitness of goods may be warranted by trade usage. Property passes when there is a specific, deliverable good and the contract is unconditional, unless the parties agree otherwise. Property does not pass until certain conditions are met such as the seller has further actions, goods require measuring or testing, delivery to a carrier, or goods are sent on approval or return.
The document discusses implied warranties and when property passes from the seller to the buyer. Implied warranties include that the buyer must get quiet possession of goods, goods must be free from encumbrance, and fitness of goods may be warranted by trade usage. Property passes when there is a specific, deliverable good and the contract is unconditional, unless the parties agree otherwise. Property does not pass until certain conditions are met such as the seller has further actions, goods require measuring or testing, delivery to a carrier, or goods are sent on approval or return.
The document discusses implied warranties and when property passes from the seller to the buyer. Implied warranties include that the buyer must get quiet possession of goods, goods must be free from encumbrance, and fitness of goods may be warranted by trade usage. Property passes when there is a specific, deliverable good and the contract is unconditional, unless the parties agree otherwise. Property does not pass until certain conditions are met such as the seller has further actions, goods require measuring or testing, delivery to a carrier, or goods are sent on approval or return.
2. The goods must be free from encumbrance 3. Fitness of goods, required for a purpose, may be warranted by usage of trade. When does property pass from the seller to the buyer 1. Unascertained goods 2. The intention to the parties 3. Specific goods
Property passes at the time of entering into the contract of
sale if the following conditions are fulfilled- 1. The goods are specific goods 2. The goods are in deliverable state. 3. The contract must be unconditional one 4. The parties themselves have not fixed a different time for the passing of property. When does property pass from the seller to the buyer Deliverable State: Goods are said to be in a “ Deliverable State “ when they are in such state that the buyer would under the contract be bound to take delivery of them.
4. When seller has something to do
5. When goods are to be measured, tested etc. 6. Delivery to the carrier 7. Goods sent on approval or “on sale or return”