Commentary

104.4 Existing and future goods

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

104.4 Existing and future goods

| Commentary

104.4 Existing and future goods

The goods that form the subject matter of a contract of sale can be:

  1. 104.4.1

        existing goods, owned or possessed by the seller; or

  2. 104.4.2

        future goods, which are to be manufactured or acquired by the seller after the making of the contract of sale1.

Note that the Sale of Goods Act 1979 does not indicate whether existing goods can be specific or unascertained2. In the case of future goods, if they are not ascertained then property cannot pass3. Where a seller purports to effect a present sale of

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial