100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Commercial Law and Contract Problem questions and how they are awnserd $22.01   Add to cart

Exam (elaborations)

Commercial Law and Contract Problem questions and how they are awnserd

 10 views  0 purchase
  • Course
  • Institution

The Documents entails questions and awnsers, that relates to real life situation of a Solicitor. It covers every area of contracts and commercial law.

Preview 1 out of 3  pages

  • May 11, 2024
  • 3
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers
  • Unknown
avatar-seller
ACADEMIC YEAR 2023/2024

MODULE CODE BL2243

MODULE NAME COMMERCIAL LAW

MODULE LEADER

COURSEWORK TITLE SUMMATIVE ASSESSEMENT

CANDIDATE NUMBER 755766



PART 1
The issue is whether John can return the goods or not.

Property is simply the ownership of the goods. The general rule in commercial law states
that risk passes with property1. Therefore, once property has passed, the seller has the right
to sue for the price.2 Ascertained goods can be defined as goods that have been individually
approved and recognised by the seller3. Unascertained goods can be defined as goods that
are not specifically identified when the contract was made4. Furthermore, Intention for
property to pass occurs when there is a contract for the sale of specific or ascertained
goods. Property passes when the parties within the contract intend for it to pass,5 moreover
for the purpose of certainty, to determine whether property as passed, an objective view of
the parties’ actions shall be considered by the court.6Lastly, The existence of an implied term
that states that when there is a contract on sales of goods by description it must correspond
with the description giving by the buyer to the seller.7This Implied term was further applied in
the case law of (Grant v Australian).8

The conduct and intent displayed by Elite Furnishing towards John, objectively shows that
the title of ownership has passed from the seller (Elite) to the buyer (John). Therefore,
applying the rule of law stated above (Sec 43), it is imperative for john to know that Elite Ltd
can sue for the price of goods delivered. However, the existence of an implied term on
corresponding description and the case law of (Grant) which states that “when there is a
contract on sales of good by description it must correspond” Therefore, it is essential for john
to know that a a buyer can reject the goods if there is breach of an implied term. In
1
SGA, Sec20.
2
SGA,Sec 49.
3
Supply of goods contracts: overview | Practical Law (westlaw.com)
4
Equitable liens | Practical Law (westlaw.com)
5
SGA, Sec 17 (1).
6
SGA, Sec 17 (2).
7
SGA, Sec 13(1).
8
Grant v Australian Knitting Mills Ltd [1936] AC 85 PC.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller adegunolamide014. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $22.01. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

72042 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling

Recently viewed by you


$22.01
  • (0)
  Add to cart