Sale Of Goods Act 1923 Case Study

QUESTION 1
1. Is It A Sale Of Goods?
The Sale of Goods Act 1923 (NSW) (‘SOGA’) provisions only apply to contracts of sale for a money consideration, that is, a price. In addition, the SOGA does not apply to any transaction that is intended to operate as a mortgage, pledge, charge, or other security. In this way, the relevant sale of goods and services must be for a monetary sum, but must not be in the way of loan or mortgage.

1.1. Contract Of Sale And Goods
Goods include ‘emblements’, which refers to crops that are annually produced by agricultural labour.

Goods can fall into a range of categories, whether they are ascertained will affect Quentin’s rights. In this case, the rambutans are still to be acquired by Luigi after the making of the contract; hence, they are future goods. Consequently, Luigi may argue that, instead of a sale of goods, there is an agreement to sell.

Although the rambutans may regard as future goods, it is arguable that the agreement to sell will still constitute a contract of sale. It will become a sale of goods once when the time has elapsed or the conditions fulfilled subject to which property in the goods is to be transferred.

1.2. Price
Goods must be transferred for money consideration, where Luigi stated, “Buy 100 cases of these at $10 a box”; it is sufficient to argue that the price of the rambutans is clearly fixed within the contract.

Therefore, the SOGA is applicable.

2. Has There Been A Breach Of Implied Terms?
According to the fact, Quentin has purchased the rambutans from Luigi; however, the rambutans are not fit for their purpose, where the shopkeepers send them back. Also, the rambutans are defective in that they in green, which supposed to be red.

2.1. Have Any Implie...

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...the price account to THE COMPANY. Furthermore, on the presumption where the goods were existed and stored by THE COMPANY before the sale, and without the knowledge of THE COMPANY, the puddings have poisoned at the time when the contract was made; the contract is void. Accordingly, it is arguably that the goods are not in a deliverable state.

Has The Risk Passed To Romeo?

What Additional Information Are Required?
1. The period of storage for the pudding by THE COMPANY before delivered to Romeo.
2. Did THE COMPANY properly refrigerate the pudding before and during the delivery to Romeo?
3. Did THE COMPANY know the possibility of poisonous before or during the formation of contract?
4. How did Juliet store the pudding after the purchase?
5. How long did Juliet store the pudding before consumption?
6. Did Juliet consume other foods meanwhile ate the pudding?