| what does Behred v Produce Brokers establish? | that the buyer is entitled to the whole load in one delivery. they can reject the part that isn't delivered, and accept the part that has been delivered. |
| what does section 17 state? | that property passes when the parties intend it to. this can be drawn from the terms of the contract, conduct of the parties or circumstances of the case
the goods must be specific and ascertained |
| what does section 20 state? | the goods remain at the seller's risk until the property is transferred to the buyer. this includes delivery. |
| what does section 18 state? | where there is no expression intentions on when property passes, there are five rules for ascertaining intention. |
| what does section 61 state? | goods must be in a deliverable state. |
| true or false: goods can be transferred unascertained | false, they must always (apart from the one rare rule 5 in section 18) be ascertained. this is stated in section 16 |
| what is a bulk under which section? | SOGA 61 (1): ‘bulk’ means a mass or collection of goods of the same kind which—
(a) is contained in a defined space or area; and
(b) is such that any goods in the bulk are interchangeable with any other goods therein of the same number or quantity |
| what does nemo dat quod non habet mean? which section reinforces this? | no one can give what he/she/it does not have.
s 21(1) |
| what does the Philip Head & Sons Ltd v Showfronts Ltd case establish? similar to Underwood Ltd v Burgh Castle Brick & Cement Syndicate? | the carpet delivered was not in a 'deliverable state' as it had not been fitted. similarly the condensing engine was not delivered as it was still on the rail.
goods must be in a deliverable state to be delivered. |
| what does Carlos Federspiel & Co SA v. Charles Twigg & Co Ltd establish? | the appropriating act is the last act the seller performs, so if this is the case, the property has passed. this did not happen in this case |
| what does Behred v Produce Brokers establish? | that the buyer is entitled to the whole load in one delivery. they can reject the part that isn't delivered, and accept the part that has been delivered. |
