FUNGO'S LLM DISSERTATION,2008.

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PASSING OF PROPERTY IN THE GOODS

•Lecture 4 •Passing of the property in the goods •When does the property in the goods pass (unascertained goods) •No property can pass in unascertained goods which were not appropriated to the contract or purchaser Re London Wine Co [1986] •In Re Stapylton Fletcher [1994] the court found that the property in the goods had been sufficiently appropriated by segregating the relevant quantity of wine from their general trading stock and placing it into separate storage. •s 20A of the Sale of Goods Act 1979 •This section gives proprietary remedies to a buyer of goods forming part of a larger bulk (See Re Wait [1927]) •a precondition is that the goods subject to the sale are forming part of an identified bulk, and that the goods had been prepaid or partially paid for •Cont. •Unless otherwise agreed by the parties , property in an undivided share In the bulk is transferred to the buyer •The buyer becomes an owner in common of the bulk s 2A(2)(b) •The buyer becomes an owner in common, not the ...
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PASSING OF PROPERTY IN THE GOODS

•Passing of the property in the goods •Passing of the property: why is it important? •In a nutshell, it signifies the moment when the seller cease to be, and the buyer becomes the owner of the goods •The buyer bargains for the ‘property in goods’ and not in their ‘possession’ •Agreement to Sell •The Contract is executory •Any remedy against the seller is in damages for breach •The risk of loss is on the seller •If the seller becomes insolvent, the buyer has no rights to the goods •Where the buyer becomes insolvent the seller can claim the goods back •The buyer cannot insist on in rem rights against third parties (Sillavan v Aliakmon 1986) •Sale agreements •There is a conveyance in addition to the contract •The buyer has in rem rights •The buyer is left with all the responsibility for the goods, including risk of lost •The doctrine of frustration is inapplicable; s 7 of SGA •Where the seller becomes insolvent the buyer can claim the goods •Risk •General Rule: Any damage to goods ought t...
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SOURCES OF LAW

SOURCES OF LAW 1. Statutes A statute may be defined as an express and formal laying-down of a rule or rules of conduct to be observed in the future by persons to whom the statute is expressly, or by implication, made applicable. (a) Primary or principal legislation These are the laws made by parliament, after a bill has passed by majority of parliament. These laws must not conflict with the constitution. It should be noted that, the parliament is the supreme legislative body; it can make or unmake any law to any extent. Any act passed by parliament which is of general application is absolutely binding on all persons within the sphere of parliament’s jurisdiction. (b) Subordinate or subsidiary legislation The power of the parliament to delegate its authorities is found under article 97(5) of the constitution of the United Republic of Tanzania which states that:- “The provisions of this article or article 64 of this constitution shall not prevent the parliament from enacting laws makin...
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