Commentary

114.3 Rules for ascertaining intention

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

114.3 Rules for ascertaining intention

| Commentary

114.3 Rules for ascertaining intention1

If the parties do not decide when property is to pass, the Sale of Goods Act 1979 applies the rules set out below:

  1. 114.3.1

        Rule 1 (ascertained goods and specific goods): Property passes when the contract is made, where:

    1. (a)

          there is an unconditional contract;

    2. (b)

          there is a sale of specific goods; and

    3. (c)

          the goods are in a deliverable state.

    It does not matter whether time for payment and/or the time for delivery are postponed2.

  2. 114.3.2

        Rule 2 (ascertained goods and specific goods): Property passes after the seller has done something to goods, where:

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