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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 18:14, 20 September 2019
, 18:14, 20 September 2019no edit summary
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=== 2. Contract of Sale === | === 2. Contract of Sale === | ||
According to s 6(1), the SGA applies only where the purchaser agrees to buy goods with money as consideration. | 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. | 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. | ||
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== C. Provisions of the Sale of Goods Act == | == C. Provisions of the Sale of Goods Act == | ||
Sections 16 – 19 of the ''SGA'' imply many terms into contracts for the sale of new items. Section 20 governs when these implied terms can and cannot be | Sections 16 – 19 of the ''SGA'' imply many terms into contracts for the sale of new items. Section 20 governs when these implied terms can and cannot be expressly waived by the seller. The ''SGA'' also defines these terms as conditions or warranties, thus defining the remedies available if breached. | ||
=== 1. Implied Conditions and Warranties === | === 1. Implied Conditions and Warranties === | ||
The vital part of the ''SGA'' for the consumer is ss. 16 – 19, which may add statutory conditions and warranties to a contract for the sale of goods, subject | The vital part of the ''SGA'' for the consumer is ss. 16 – 19, which '''may''' add statutory conditions and warranties to a contract for the sale of goods, subject to the possibility of exclusion (see [[{{PAGENAME}}#2. Exemption from Implied Contractual Terms | Section III.C.2: Exemption from Implied Contractual Terms]]). | ||
==== a) Implied Condition of Title: s 16(a) ==== | ==== a) Implied Condition of Title: s 16(a) ==== | ||