Tutorial 2 Questions - Passing of Property and Title-Commercial Law, Quizzes of Commercial Law

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3/11/25, 6:04 PM Tutorial 2 Questions - Passing of Property and Title Commercial Law ‘Tutorial 2 Questions ‘ - 1) What is the statutory definition of ‘specific’ goods? a. Section 61(1) defines ‘specific goods’ as: “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 aforesaid”. The test is one of whether only thase particular goods will satisfy the contmact. A purchase of the “last bottle of wine in my cellar” isa sale of specific goods. Lf not specific at time of contact ~ then not specific © Question only asked at one point in time © Goods will therefore by unascertained. 2) What are ‘ascertained’ goods? a. Thus if goods are not both identified and agreed upon at the time of contracting, the goods must be unascertained goods; the concepts of spBOHIGH 'b. Unascertained goods can never become specific goods under the SGA 1979. ¢. Unascertained goods become ‘ascertained goods’ when, after the time of contracting, the goods become identified and agreed upon. 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? ii, Section 17 SGA 1979 states that property in ascertained goods passes when the parties to the contract intend it to pass. 4) Summarise the tension between the rule of nemo dat and the exceptions to that rule a. The overarching tension here is that between the primacy of property as against the rights of an innocent third party purchaser. This conflict can cause significant difficulties, particularly where both the original owner and the third party purchaser are innocent parties. b. This results in the primacy of establishing ownership, whether via nemo dat (which protects the original owner) or via an exception to that rule (which protects the innocent third party purchaser. ¢. The practical significance of this area of law cannot be understated: where the party who sells goods to which they have no title either disappears or has about:blank 113.