A sub-agent is a person employed by, and acting under the control of, the original agent in the business of the agency (s.191). If properly appointed, the principal is bound by and responsible for his acts as to third persons; the agent is responsible to the principal for the sub-agent's acts; the...
Read Complete Guide →Section 2 opens with the words "unless there is anything repugnant in the subject or context", so each definition gives way if the context requires. "Goods" means every kind of moveable property other than actionable claims and money, and it includes stock and shares, growing crops, grass and...
"Delivery" means voluntary transfer of possession from one person to another. Goods are in a "deliverable state" when the buyer would, under the contract, be bound to take delivery of them. A "document of title to goods" includes a bill of lading, dockwarrant, warehouse keeper's certificate...
A contract of sale is one by which the seller "transfers or agrees to transfer the property in goods to the buyer for a price". It may be absolute or conditional. Where the property is transferred under the contract, it is called a sale; where the transfer is to take place at a future time or...
A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of that offer. The contract may provide for immediate delivery or payment or both, for delivery or payment by instalments, or for either or both to be postponed. Subject to any law for the time being in...
Goods may be existing or future, and a contract may depend on a contingency. A present sale of future goods operates as an agreement to sell. If specific goods have, without the seller's knowledge, perished at the time of the contract, the contract is void (section 7). If specific goods perish...
The price may be fixed by the contract, left to be fixed in a manner agreed, or determined by the course of dealing between the parties. If it is not determined in any of these ways, the buyer shall pay the seller a reasonable price, which is "a question of fact". Where a third party's valuation...
Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence depends on the terms of the contract. So late payment does not by default...
A stipulation about the goods is either a condition or a warranty. A condition is essential to the main purpose of the contract, and its breach gives rise to a right to treat the contract as repudiated. A warranty is collateral to the main purpose, and its breach gives rise to a claim for damages...
Under section 13(1) the buyer may waive the condition or elect to treat the breach as a breach of warranty. Under section 13(2), where the contract is not severable and the buyer has accepted the goods or part thereof, breach of a condition by the seller can only be treated as a breach of warranty...
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