5,109
edits
Difference between revisions of "Contracts for Sale of Goods (11:III)"
Jump to navigation
Jump to search
Contracts for Sale of Goods (11:III) (view source)
Revision as of 04:20, 13 August 2016
, 04:20, 13 August 2016→2. Contract of Sale
| Line 41: | Line 41: | ||
=== 2. Contract of Sale === | === 2. Contract of Sale === | ||
According to s 6( | According to s 6(1), the SGA applies only where the purchaser agrees to buy goods with money as consideration. Hence gifts, barters, or exchanges are not subject to the SGA’s implied conditions and warranties. However, a court may avoid this result by finding two separate contracts rather than a barter, as long as the consideration, whether money or goods, has its value measured in monetary terms: see Messenger v Green, [1937] 2 DLR 26 (NSSC). Thus, if a total price is attached, there will be a sale, even if payment is in goods. | ||
According to s 6(3) of the SGA, a contract of sale may be absolute or conditional. If the contract is subject to some condition to be fulfilled later, it is called an agreement to sell. | |||
Section 8 of the SGA provides that the contract may be either written or oral. | |||
=== 3. Lease Contracts === | === 3. Lease Contracts === | ||