Sale of Goods Flashcards
Change over date between CRA 2015 and SGA 1979
1st Oct 2015
Why was CRA introduced?
More equal footing between consumers and traders
Quiet Possession
Niblett v Confectioners Materials Co Ltd
Nemo Dat Qoud Non Habet
No one can give better title than the one he has himself
Rowland v Divall
Buyer purchase a car, it was stolen could claim money back
Exceptions to Nemo Dat
It’s to protect innocent buyers titles from being challenged by the original owner
Personal Bar
When original owner enabled the sale somehow
Eastern Distributors v Goldring
Mercantile Agent
Agency
Seller continues to possess after sale
Second buyer good faith owner
Buyer in possession after the sale
Archievent Sales and Development v Strathclyde Regional Council - Seller delivered goods, contractor sold them on, seller loses out
Accretion
Macleod v Kerr
Rules of Intention
1) Munro v Balnagown Estate Co Ltd - Timber
2) Gowans v Bowe and Sons
Brown Bros v Carron Co
3) Kennedy’s Tr v Hamilton
4) Brown v Marr
5) Future - To be made
Unascertained - Goods not identified, agreed on at the time of the contract
Carlos Federspeil and Co v Charles Twigg and Co - Mere setting apart is not enough, intention needs to attach to the contract
Reserve right of disposal
If they haven’t paid
