| Commentary

114.2 Unascertained goods

| Commentary

114.2 Unascertained goods

In a contract for sale of unascertained goods the property in the goods will not be transferred unless and until the goods are ascertained1.

Chitty on Contracts sets out three categories of unascertained goods, for which there appears to be no statutory definition:

  1.     future goods, except identified goods to be acquired by the seller;

  2.     generic goods; and

  3.     the unascertained portion of an ascertained whole2.

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