Commercial Law: Sale of Goods - University of Wolverhampton

Study Unit 2 Suggested minimum study hours: 15TopicPassing of Property and RiskIntroductionAs a general rule, the person who has property in the goods also bears the risk of the goods beingaccidentally lost, damaged or destroyed. In this Unit we look at the rules governing the passing ofproperty. In this context, note particularly the importance of the distinction between specific andunascertained goods.Objectivesa To appreciate the importance of ss16 and 17 Sale of Goods Act.b To examine the ‘deemed intention’ rules of s18 Sale of Goods Act.c To ascertain the relationship between the passing of property and thepassing of risk.d To examine the effects of the Sale of Goods (Amendment) Act 1995 andof s4 of the Sale and Supply of Goods to Consumers Regulations 2002.Essential ReadingThese titles have been supplied as part of your study materials.Commercial Law Textbook – Relevant Chapter(s)Commercial Law 150 Leading Cases – (See listed cases)General ReadingThese titles have not been supplied and are not essential reading, butyou may wish to refer to them to further your understanding.The Sale of Goods, Atiyah – Relevant Chapter(s)Commercial Law, Bradgate – Relevant Chapter(s)Case law and statutePASSING OF PROPERTYi The fundamental rulesAluminium Industrie Vaasen BV v Romalpa Aluminium Ltd [1976] 2All ER 552; [1976] 1 WLR 6761 Anchor Line, Re [1937] Ch 11 Elafi, The [1982] 1 All ER 208Stapylton, Fletcher Ltd, Re; Ellis, Son and Vidler Ltd, Re [1994] 1WLR 1181 (Ch D)SGA 1979: ss16 and 17ii Deemed intention1 Aldridge v Johnson (1857) 7 E & B 885Nanka-Bruce v Commonwealth Trust Ltd [1926] AC 77Pignataro v Gilroy [1919] 1 KB 459Underwood Ltd v Burgh Castle Brick and Cement Syndicate [1922] 1 KB 343