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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 00:52, 6 August 2021
, 00:52, 6 August 2021→6. Rules as to Transfer of Title and Risk
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The timing of transfer of title affects the consumer’s legal rights in ways including, but not limited to, the following: | The timing of transfer of title affects the consumer’s legal rights in ways including, but not limited to, the following: | ||
*If property was supposed to pass to the consumer by a specified time, but the seller does not deliver by that time, then this is a breach of contract. See A. Identifying and Classifying the Terms of a Contract to determine whether this is a breach of condition or breach of warranty, which determines the remedies available to the buyer; | *If property was supposed to pass to the consumer by a specified time, but the seller does not deliver by that time, then this is a breach of contract. See [[{{PAGENAME}}#A. Identifying and Classifying the Terms of a Contract | A. Identifying and Classifying the Terms of a Contract]] to determine whether this is a breach of condition or breach of warranty, which determines the remedies available to the buyer; | ||
*Whichever party has property of the goods is presumptively the person who is responsible for the goods, if something happens to the goods. See <u>''Kovacs v Holtom'', [1997] A.J. 775</u> for an example where a convertible was destroyed while being restored at the defendants’ garage shop, and the defendant was liable to the consumer for damages as title (and thus risk) did not yet pass to the consumer under rule #2 | *Whichever party has property of the goods is presumptively the person who is responsible for the goods, if something happens to the goods. See <u>''Kovacs v Holtom'', [1997] A.J. 775</u> for an example where a convertible was destroyed while being restored at the defendants’ garage shop, and the defendant was liable to the consumer for damages as title (and thus risk) did not yet pass to the consumer under rule #2 (s 23(3)); and | ||
(s 23(3)); and | |||
*Whether the seller or the buyer has title to the goods may affect third party claims to the property (e.g. a creditor who has a security interest in the goods). | *Whether the seller or the buyer has title to the goods may affect third party claims to the property (e.g. a creditor who has a security interest in the goods). | ||