Transfer of Property
4) TRANSFER OF PROPERTY IN GOODS AS BETWEEN SELLER AND BUYER & RISK
The property in the goods is defined to be transferred from the seller to the buyer when the latter acquires the proprietary rights over the goods and the obligations linked thereto. 'Property in Goods' which means the ownership of goods, is different from possession of goods which means the physical custody or control of the goods. Otherwise , a person may be in possession the goods passes to the buyer because of the consequences flowing which a goods remain at the seller’s risk until the property therein is transferred to the buyer, the goods are at the buyer’s risk irrespective of whether delivery has been made. It is related with the section 26 in Sales Of Good Act. But sometimes the buyer cannot transfer title to another person whether by way of sale or gift unless he has title As a general rules that, the title passes when the parties to a contract of sale intend that it should pass. So, there are some condition or specific rules that can apply.
1.1 Firstly, in section 18 of Sale Of Goods Act is the good must be ascertained. This section reads as follows:
Where there is a contract for the sale of unascertained goods means that goods defined by description only and not identified until after the contract is made and no property in the goods is transferred to the buyer unless and until the goods are ascertained.
Therefore, if a contract to buy a new car which form part of a larger consignment, so no title passes until the seller has ascertained the good to be sold by setting aside a particular car for the purpose of the sale.
1.2 Secondly in section 19 allows the property passes when intended to pass3. Its can makes a effect of the contact between seller and buyer. This section provides :
(1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such times as the parties to the contract intend it to be transferred.
(2)
The property in the goods is defined to be transferred from the seller to the buyer when the latter acquires the proprietary rights over the goods and the obligations linked thereto. 'Property in Goods' which means the ownership of goods, is different from possession of goods which means the physical custody or control of the goods. Otherwise , a person may be in possession the goods passes to the buyer because of the consequences flowing which a goods remain at the seller’s risk until the property therein is transferred to the buyer, the goods are at the buyer’s risk irrespective of whether delivery has been made. It is related with the section 26 in Sales Of Good Act. But sometimes the buyer cannot transfer title to another person whether by way of sale or gift unless he has title As a general rules that, the title passes when the parties to a contract of sale intend that it should pass. So, there are some condition or specific rules that can apply.
1.1 Firstly, in section 18 of Sale Of Goods Act is the good must be ascertained. This section reads as follows:
Where there is a contract for the sale of unascertained goods means that goods defined by description only and not identified until after the contract is made and no property in the goods is transferred to the buyer unless and until the goods are ascertained.
Therefore, if a contract to buy a new car which form part of a larger consignment, so no title passes until the seller has ascertained the good to be sold by setting aside a particular car for the purpose of the sale.
1.2 Secondly in section 19 allows the property passes when intended to pass3. Its can makes a effect of the contact between seller and buyer. This section provides :
(1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such times as the parties to the contract intend it to be transferred.
(2)