商务契约关系

Assessment guidelines: one closed-book exercise. be given 7-10 days before the assessment. be allowed to bring a copy of the case study and 2 sides of an A4 sheet of paper with relevant written notes. This material must be submitted with the candidate‟s written answer. Textbooks and class handouts will not be permitted. a maximum total duration of three hours.


Two types of Conditions: (p16)
A suspensive condition: the goods are
supplied „on approval‟. „agreement to sell‟
A resolutive condition: if the condition was

1.1 Topic 1
Sale of Goods
1.1.1 Why Legislation? (p14)
To protect purchasers: Prior to this– upon the Roman law maxim of caveat emptor, or „let the buyer beware‟ Scottish common law: a contract bona fide or „of good faith‟. Sale of Goods Act 1893: throughout the UK Sale of Goods Act 1979 (SOGA 1979) Amended by Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002
Excluding:
1. 2.
Incorporeal moveables; Heritable property, such as land and building.

Existing /future goods: (p18)
Existing goods: those exist and are owned by the seller at the time when the contract is made. Future goods: those to be manufactured or acquired by the seller after the making of the contract. (as an agreement to sell)
The property (the ownership of the goods) cannot usually pass from seller to buyer unless, or until, the goods exist as specific or ascertained goods.
The ‘sale’: (p15) Both „sale‟ and „agreement to sell‟ ‘sale’: the seller can transfer the goods immediately and is willing and able to do so. ‘agreement to sell’: there is some sort of condition that must be fulfilled firstly. Legal effect: In ‘sale’: purchaser obtains a real right over the goods as property passing; In ‘agreement to sell’: purchaser only holds a personal right against the seller in respect of the contract.

Specific /unascertained /ascertained goods:
1.
2.
3.
4.
Specific goods: those are identified as the goods to be sold at the time when the contract is made. Where goods, without the knowledge of the seller, have perished at the time when the contract is made, the contract is void. If goods perish without any fault on both parts and before the risk passes to the buyer, the agreement is avoided. General rule: risk passes with ownership.
2.

1.
2.
3.
a)
b)
The ‘Price’: (p19) The price „may be fixed by the contract, left to be fixed in a manner agreed by the contract, or may be determined by the course of dealing between the parties‟ Where the price is not stated, the buyer must pay a reasonable price. The time of payment of the „price‟ is not to be regarded as of the essence of the contract. Except: The contract was induced by fraud; The terms of the contract state that it is of the essence of the contract.
Outcomes 2 and 3 should each be assessed without supervision.
Section 1– outcome 1
Describe the key statutory provisions relating to consumer protection
Introduction to outcome 1
Knowledge and/or skills : ♦ Sale of Goods Act 1979, as amended ♦ Unfair Contract Terms Act 1977, as amended ♦ Consumer Credit Act 1974 ♦ Trade Descriptions Act 1968

Generic goods:
1.
Goods which are not specific are unascertained and become ascertained goods when they are identified as the goods.
The contract is not terminated by frustration should the seller‟s supply of goods be destroyed.

1.1.2 What is a Contract for Sale of Goods? (p14)

Definition:
A contract for the sale of goods is „a contract in which the seller transfers, or agrees to transfer, the property in goods to a buyer for a money consideration, called the price‟
fulfilled then the contract would be „resolved‟ (dissobled). „sale‟
The case of Gavin‟s Trustee v Fraser (1920):
page 16.

Compared to others:
‘barter’: moveable property is exchanged for other moveable property without any money being paid. Not a „sale‟ and not covered by SOGA 1979. Apply common law.
Business Contractual Relationship
Unit Code: DE3F 34
Self Introduction

Liu Chang Master of Law – Civil Law Bachelor of Economics – International Trade 1999 – 2001: Teaching in Foundation
2. Identify and explain the law of agency. 3. Explain the key elements of the Law of Obligations.

Assessment:
Each of the 3 outcomes should be assessed separately using a case study. Assessment of Outcome 1 should be carried out under controlled conditions.
2001 – now : TeachingHale Waihona Puke Baiduin HND
Introduction to the Unit (p3)

On completion of this Unit, the candidate will be able to:
1. Describe the key statutory provisions relating to consumer protection.
Topics:
1. 2. 3. 4.
Sale of Goods (p13) Sale of Goods: Transfer of Property, Performance & Breach (p38) Unfair Contract Terms & Consumer Contracts (p70) Misleading Trade Descriptions & The Trade Descriptions Act 1968 (p97)
‘contract for the supply of services’: Subject to the common law of contract.

The ‘Goods’: (p17)
“all corporeal moveable except money; and in particular „goods‟ includes emblements, industrial growing crops and things attached to or forming part of the land which are agreed to be severed before sale or under a contract of sale.”