THE SALE OF GOODS ACT

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SALE OF GOODS 11(d) An express warranty or condition does not negativea warranty or condition implied by this Actunless inconsistent therewith.Sale by Sample16.-(1) A contract of sale is a contract for sale by Salebysample where there is a term in the contract, express orimplied, to that effect.(2) In the case of a contract for sale by sample-(a) there is an implied condition that the bulk shallcorrespond with the sample in quality;(b) there is an implied condition that the buyershall have a reasonable opportunity of comparingthe bulk with the sample;(c) there is an implied condition that the goodsshall be free from any defect, rendering themunmerchantable, which would not be apparent onreasonable examination of the sample.PART 11. Eflect of the ContractTransfer of Property as between Seller and Buyer17. Where there is a contract for the sale of unascer- Goodstained goods no property in the goods is transferred to the F2;zned.buyer unless and until the goods are ascertained.18.-(1) Where there is a contract for the sale of specificor ascertained goods the property in them is transferred pto the buyer at such time as the parties to the contract pass.intend it to be transferred.(2) For the purpose of ascertaining the intention ofthe parties regard shall be had to the terms of the contract,the conduct of the parties, and the circumstances of thecase.me inclusion of this page L authorized by L.N. 480/1973]asses whenintended to
12 SALE OF GOODSRules forascertainingintention.19. Unless a different intention appears the followingare rules for ascertaining the intention of the parties asto the times at which the property in the goods is to passto the buyer.Rule 1.-Where there is an unconditional contract forthe sale of specific goods, in a deliverable state,the property in the goods passes to the buyerwhen the contract is made and it is immaterialwhether the time of payment or the time ofdelivery, or both, be postponed.Rule 2.-Where there is a contract for the sale ofspecific goods and the seller is bound to do somethingto the goods, for the purpose of puttingthem into a deliverable state, the property doesnot pass until such thing be done and the buyerhas notice thereof.Rule l-Where there is a contract for the sale of specificgoods in a deliverable state, but the seller is boundto weigh, measure, test or do some other act orthing with reference to the goods for the purposeof ascertaining the price, the property does notpass until such act or thing be done, and the buyerhas notice thereof.Rule 4.-When the goods are delivered to the buyer onapproval or “on sale or return” or other similarterms the property therein passes to the buyer-(a) when he signifies his approval or acceptanceto the seller or does any other actadopting the transaction;(b) if he does not signify his approval oracceptance to the seller but retains thegoods without giving notice of rejection,then, if a time has been fixed for thereturn of the goods, on the expiration of[The inclusion of thie page k authorized by L.N. 480/1973]
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Page 17 and 18: 18 SALE OF GOODS(4) bemand or tende
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Page 21 and 22: 22 SALE OF GOODSremedies, a right o
Page 23 and 24: 24 SALE OF GOODS(5) When goods are
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Page 27 and 28: Interest andSpecialdamages.Exclusio
Page 29 and 30: 30 SALE OF GOODSIsland, continue to
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THE SALE OF GOODS ACT

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