The Passing of Property and the Transfer of Title-Commercial Law, Study notes of Commercial Law

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3/11/25, 6:14 PM about:blank The Passing of Property and the Transfer of Title ‘The Passing of Property and the Transfer of Title 1. What is the statutory definition of ‘specific’ goods? s.61(1) SGA 11 ‘goods identified and agreed on at the time a contract of sale is made and includes an undivided share, specified as a fraction or percentage, of goods identified and agreed on as aforesai Test: Whether only those particular goods will satisfy the contract 2. What are ‘ascertained’ goods? Sub-category of .... - Goods identified and agreed upon after the time of the making of the contract of sale 3. Does s.17 allow a contract to be drafted in such a way so as to avoid the restriction laid down in s.16? No. s.17 only applies to specific goods/ascertained goods Only helps if the absolute provision being contracted out of (s.16) - 4, Summarise the tension between the rule of nemo dat and the exceptions to that rule Nemo dat quod non habet - only the person with general title can pass title (s.20(1) SGA 1979) General rule: O s21(): 118