Commercial Law: Sale of Goods - University of Wolverhampton

Study Unit 6 Suggested minimum study hours: 10TopicPerformance of the ContractIntroductionThe Sale of Goods Act gives rules as to the performance of the contract.It also covers cases where the goods perish before the contract is made.This Unit examines these various rules.Objectivesa To consider the duties of the parties with regard to the performance of the contract.b To examine the concept of delivery. Payment and delivery as concurrent terms.c To consider the rules relating to delivery of the wrong quantity of goods.d To examine the seller’s valid excuses in law for failing to deliver.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 statutesBUYERS’ DUTIES: DUTY TO PAY* Vaswani v Italian Motors [1996] 1 WLR 270 (PC)DELIVERY: ITS NATURE, PLACE AND TIMEBunge Corp v Tradax SA [1981] 2 All ER 513* Laurie & Morewood v John Dudin & Sons Ltd [1926] 1 KB 223Rickards (Charles) Ltd v Oppenheim [1950] 1 KB 616* Wimble & Sons v Rosenberg & Sons [1913] 3 KB 743SGA 1979: ss28, 29(1), (2) and (4), and 61(1)SGA 1979: ss32(1) and (2) and (4) as inserted by the Sale and Supplyof Goods to Consumers Regulations 2002SGA 1979: s10(2)DELIVERY OF THE WRONG QUANTITY OF GOODS* Regent OHG Aisenstadt v Francesco of Jermyn Street Ltd [1981] 3 All ER 327* Shipton, Anderson & Co Ltd and Harrison Bros & Co Ltd, Re [1915] 3 KB 676SGA 1979: ss30 and 31(1)