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UNASCERTAINED GOODS
SPECIFIC GOODS (Section 18)
(Section 2)
Goods not identified and
Goods identified and agreed upon at the time
agreed upon at the time a a contract is made.
contract of sale is made. Goods identified by
description only
IMPLIED TERMS OF CONTRACT
(SECTION 14 TO SECTION 17 SOGA)
AS TO TITLE
AS TO
SALE BY
QUALITY/FIT
DESCTIPTION
FOR PURPOSE
IMPLIED
CONDITION
SECTION
12(2)
AS TO
SALE BY
MERCHANTABLE
SAMPLE QUALITY
IMPLIED TERM/CONDITION AS TO TITLE
[SECTION 14(a)]
Seller must have title/owner in goods to transfer to buyer in sale of goods contract.
If seller does not have title, seller is in breach and buyer can terminate the contract.
1) Disclosure of purpose
Case law: Cammell Laird & Co v. Manganese Bronze & Brass Co.LTD
3) Goods supplied are the kind that seller normally supply in his business.
4) The goods were not bought under patent or trade name