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Difference between revisions of "Contracts for Sale of Goods (11:III)"
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Contracts for Sale of Goods (11:III) (view source)
Revision as of 05:01, 13 August 2016
, 05:01, 13 August 2016→(2) Specific Goods: Upon Passage of Property
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When s 15(4) is combined with ss 23(1) and (2), the result is that, for a sale of specific goods in a deliverable state, the buyer loses the right to repudiate as soon as the contract is made. | When s 15(4) is combined with ss 23(1) and (2), the result is that, for a sale of specific goods in a deliverable state, the buyer loses the right to repudiate as soon as the contract is made. | ||
However, courts may avoid this harsh result by: (1) implying a term allowing the buyer to accept the goods and later reject them: see ''Polar Refrigeration Service Ltd v Moldenhauer'' (1967), 61 DLR (2d) 462 (Sask QB) at para 22; (2) finding a total failure of consideration: see ''Rowland v | However, courts may avoid this harsh result by: (1) implying a term allowing the buyer to accept the goods and later reject them: see ''Polar Refrigeration Service Ltd v Moldenhauer'' (1967), 61 DLR (2d) 462 (Sask QB) at para 22; (2) finding a total failure of consideration: see ''Rowland v Divall'', [1923] 2 KB 500; (3) finding the intent for property to not pass immediately (ss 22 and 23(1)); (4) finding that the goods are not specific; or (5) finding ss 23(3), (4) or (5) to be applicable. | ||
===== (3) Unascertained Goods: Upon Acceptance ===== | ===== (3) Unascertained Goods: Upon Acceptance ===== | ||
