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Commercial Transaction Law: Sale of Goods
LAWS 2008 - Government and Public Law
8 Pages • Topic Notes • Year: Pre-2021 • Previously uploaded under: 200814 - Commercial Transactions Law
Contract of sale of goods Formation of the contract -SOG Act (NSW) s 6: contract of sale of goods is defined as a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration ‘ price ‘. -the ordinary elements of a contract must be present (offer, acceptance, considerations,) but in every contract for the sale of goods there must be present three main matters: 1) goods: a. goods includes all chattels personal other than things in action and money and includes industrial crops and things attached to or forming part of land which are agreed to be severed before sale or under the contract of sale. (SAG s 5) i. elements include: a) The seller transfer or agrees to transfer b) Property c) In goods (all personal chattels, gas, elements and things attached to the land) d) For a money consideration b. -goods embraces a wide field including i. clothes, ii. food, iii. cars, iv. machinery, v. furniture, vi. growing crops and vii. cut down timber before title was to pass to buyer. DOES NOT INCLUDE: - Act only applies to sale of “goods” (not service) - Act only applies to “sale” (not to supply) - Act only applies to “seller”(not to supplier) - Common law continue to apply - Parties can “contract out” of the Act c. -a contract for the removal of a house from its original site to another location has been held to constitute a sale of goods: Symes. d. -however, the term does not include land or interest in land. e. -computer systems including software has been classified as a sale of goods: Toby Constructions Products. However when the software is downloaded as an online product, does not constitute “goods” and is not sale of goods within the meaning of...
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