Commentary

114.1 Ownership of goods passes when parties intend it to—specific or ascertained goods only

COMMERCIAL CONTRACTS vol 7(2)

114.1 Ownership of goods passes when parties intend it to—specific or ascertained goods only

114 Property

114.1 Ownership of goods passes when parties intend it to—specific or ascertained goods only

The property in specific or ascertained goods is transferred at such time as the parties intend the property to be transferred. Intention is ascertained by having regard to:

  1. 114.1.1

        the terms of the contract;

  2. 114.1.2

        the conduct of the parties; and

  3. 114.1.3

        the circumstances of the case1.

For these purposes, ‘specific goods’ means goods identified and agreed on at the time a contract of sale is made. They also include an undivided share (whether specified as a fraction or percentage) of goods identified and agreed on

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