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Flashcards in class 1 Deck (65)
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1

What is at the heart of commercial transaction?

Sale of good.

2

The sale transaction is a matter for domestic law?

Yes. The Convention on the International Sale of Goods (CISG) does not apply to transfer of property.

3

SGA only applies when the transaction can be characterized as what?

A contract for the sale of goods.

4

What is SGA about?
A.Set out time;
B. when goods are sold by a party who is not a true owner;
C. performance and remedies regime;
D. liability regime

A-D

5

What are the traditional classification of personal property?

chattels real and chattels personal.

6

The statutory definition of goods in SGA have been modified in other legislation, including ?

TPA and State Fair Trading Acts.

7

Q: S 5(1) “Goods”:
In this Act, unless the context or subject-matter otherwise requires:
“Goods” include all *other than things in * and money. The term includes * and things attached to or forming part of the land which are agreed to be severed *or under the contract of sale.

chattels personal; action; emblements; before sale

8

Q; TPA: S4(1) “goods”:
In this Act, unless ** , “goods” includes-
(a)Ships, aircraft and other vehicles;
(b)Animals, including *;
(c)Minerals, trees and* , whether on, under or attached to land or not; and
(d )*.

the contrary intention appears; fish; crops; Gas and electricity

9

Q; In St Albans City and District Council, is there any statutory implied term under SGA (UK)?

No, only under common law.

10

Q: Is program and software the same thing?

No, software= program +physical form (e.g., disk).

11

Q: are disk and program goods?

A: Disk yes, program no.

12

Q: What analogy did the court use to infer that if the disk was purchased or hired, then statutory implied term will apply?

A: Defective instruction manual on the maintenance and repair of a particular make of car. (instruction- manual v program - disk)

13

Q: what is the key fact that made St Albans unable to rely on statutory implied term?

A: The disk was not sold or hired. An employee of CIL brought the disk to the office and installed the program on the St Albans’ computer.

14

In Telstra Corporation Ltd v Hurstville City Council:
Q: The court consider whether or not ** is goods?

A: Electromagnetic signals (electromagnetic waves) passing along the coaxial cables and content carried by those signals were goods

15

In Telstra Corporation Ltd v Hurstville City Council:
Q: Was there any precedent directly about whether electromagnetic signals are goods?

A: No. But Pont Data Australia ENCODED ELECTRICITY IMPULSES

16

In Telstra Corporation Ltd v Hurstville City Council:
Q: Information is not goods, but service, based on which case?

A: Adam v Rau: about production of transcripts.

17

In Telstra Corporation Ltd v Hurstville City Council:
Q: What did a pay television subscriber get?

A: a right to view

18

Q; the TPA does not deal with transfer of property?

A: correct.

19

Q: For SGA to apply there must be a contract for the sale of goods, which is necessary for application of other parts of SGA, notably *, right against * and actions for *

A: implication of terms, rights against goods, and actions for breach of contract.

20

Q: The concept of a contract for the sale of goods itself involves the notion of *?

A: the transfer of property in goods.

21

Q: what are the key elements of s6(1)?
S6(1):
Sale and agreement to sell
(1)A contract of sale of goods is a contract whereby the seller transfers or * the property in goods to the buyer for a money consideration called the price. There may be a contract of sale between *.

A: Elements: contract, sale, goods, money consideration called the price, a transfer of property and an agreement to transfer property.

agrees to transfer; one part owner and another

22

Q; Is the SGA a complete codification? What has not been defined here?

A:

23

Q: s6(2): a contract of sale may be * or *.

A; absolute or conditional; subject to some condition thereafter to be fulfilled;

24

Q s6(3): (3)Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale; but where the transfer of the property in the goods is to take place at a future time, or *, the contract is called an agreement to sell.

A: subject to some condition thereafter to be fulfilled;

25

Q: s6(4): An agreement to sell becomes a sale when* or *, subject to which the property in the goods is to be transferred.

A: the time elapses or the conditions are fulfilled, subject to which the property in the goods is to be transferred.

26

Q:Who are the parties to the contract?how might a buyer already be a part owner of something the buyer is buying?

A: a member of unincorporated clubs Graff v Evans (1982)

27

Q: what are the two meanings of contract of sale? What types of goods may be the subject of an “agreement to sell”?

A: a sale and an agreement to sell.

28

In Deta Nominees Pty Ltd: what are the cases Fullagar J criticized?
A. Caly v Yates
B. Lee v Griffin
C. Lyons v Hughes.
D. Robinson v Graves

A and D

29

Q: Deta Nominees Pty Ltd is about distinction between two different kinds of contracts, what are they?

A: A contract for the sale of goods and a contract for services that is a contract for work (labour and skill) and materials.

30

Q: in Deta Nominees Pty Ltd, what case is about artificial teeth? did the defendent succeed?

A: Lee v Griffin; yes, relying on Statute of Fraud. The court classified the contract as one for work and labour done, but not sales of chattel.