coporeal moveables

Question 1

what are the 2 things transfer requires

Answer 1

delivery and mutual intention

Question 2

actual delivery

Answer 2

if transferor A is in natural pos he must hand over the goods to transferee

Question 3

contructive delivery

Answer 3

if a in civil pos either the dententor makes actual delivery to B or he is instructed by a to hold goods for b

Question 4

symbolic delivery

Answer 4

if the goods are in transit. A hands B a bill of lading

Question 5

SOGA 61(1)

Answer 5

DEFINES COPERAL MOVABLES AS SPECIFIC GOODS.

Unascertained goods - no stat def

Question 6

soga s.16-18

Answer 6

transfer rules
s.16 the specificity principle- that ownership of goods cannot be transferred UNTIL the goos ARE ASCERTAINED.

s. 20A subject to bulk goods
s. 17 delivery when parties intend mutual intention is required

Question 7

s.18 soga

Answer 7

5 rules unless a different intention appears.
1. where contract for specific goods in deliverable state. ownership passes when contract made
2+3 where in relation to specific goods the seller has A. to put the goods into a deliverable state B. weigh measure ect ownership does not pass until buyer informed
4relates to goods delivered to the buyer on approval or on sale or return
5 where contract is on unascertained goods goods by description. assent must be expressed by the buyer either express or implied before or after appriation of goods to contract (appropriation by exhaustion: rules 5(3)(4)

Question 8

armour v thyssen

Answer 8

retention of title clause

Question 9

s.21(1) soga

Answer 9

nemo plus rule
PERSONAL BARR
operates where owner allows another to appear as owner and a 3rd party purcheses from that person in reliance on his apparent ownership
transfer of that title is not what it is worth

Question 10

s.25 SOGA

Answer 10

buyer in possession
where the seller is in the process of buying the goods from the owner and has pos but not ownership he can pass title to bone fide third party

Question 11

national employers mutual gen insurance association ltd v jones

Answer 11

DEFEATS RETENTION OF TITLE CLAUSE

Question 12

S.24 SOGA

Answer 12

where the seller is in the process of buying the goods from the owner and has pos but not ownership he can pass title to bone fide third party

cars subject to hire purchase agreements

Question 13

craufurd v royal bank

Answer 13

money good faith acquirer becomes owner of coin and bank notes

Question 14

voidable titles and the protection of good faith

Answer 14

a voidable is good unless it is avoided. v. rare.
s.23 if transfer voidable title to a person in goodfaith then they receive an unchallengable title
maclrod v kerr

Question 15

competition of title and offside goals

Answer 15

subject to the prior tempore potior jure rule

Question 16

charred remains and passing of risk

Answer 16

risk passes with delivery where buyer= consumer otherwise ownerhship. s.20 SOGA
s.29 CRA

Question 17

warrendice

Answer 17

s. 12 soga and 15 cra guarenttee of valid title of unencumbered title
s. 14 SOGA and s.9 CRA guarantee of satisfactory quality