THE SALE OF GOODS ACT 1979

The Sale of Goods Act 1979

Table of Contents

Introduction3

Sale of Goods Act3

The transfer of ownership of the goods and the risk for the international sale of goods4

What could be the consequences of violating the terms of the contract by the seller of a commodity?5

Case 16

Case 26

Conclusion7

References8

The Sale of Goods Act 1979

Introduction

Relevance of the topic of this study is due to the role played by the institution of property rights in private law. As a basis for both national and international traffic, the ownership is one of the most fundamental institutions of private law, as forms the basis of any civilized civil circulation, creating a genuine basis for the independence of the estate agents. The rapid development of international trade and the globalization of economic relations necessitate a detailed study of issues related to transfer of ownership in a relationship, complicated by a foreign element. It is also important to note that the host repeatedly attempts of international organizations to harmonize rules relating to transfer of ownership under a contract of international sale, were unsuccessful. To date, the unification of the law governing international trade, only covers the scope of the obligations, and excludes the regulation of transfer of ownership. This implies a significant reduction in the predictability of legal regulation in this area. The strong divergence of the civil law regulating property rights are not amenable to standardization, raises a number of problems associated with the regulation of property rights in private international law. Differences of civil legal regulation of relations connected with the transfer of ownership, involve theoretical and practical problems that occur in the regulation of relations arising in the international sale of goods (Blair, 1980, pp. 32).

Sale of Goods Act

Looking at the facts provided some of the problems has been identified, such as late delivery, wrong delivery, and non delivery, when exclusive supplying Cuvee champagnes to its sub buyers. On the basis of these facts Exclusive Winery UK Ltd (“Exclusive”) wished to claim for damages as there has been breach of contract by Cuvee Ltd (“Cuvee”). In terms of advising Exclusive, there are a number of issues that needs to be taken into consideration; they are the sale of contract between Exclusive and Cuvee, duties of the parties, buyer remedies and measure of damages. These main issues contain other elements, which if established successfully by analyzing Sale of Goods Act (SGA) 1979 and relevant cases, Exclusive may be awarded for the damages (Thomas, 2000, pp. 101).

The transfer of ownership of the goods and the risk for the international sale of goods

Defining moment of transition from the seller to the buyer ownership of the goods and the risk of its accidental loss, injury or damage is very important and at the same time is quite difficult from a legal point of view. This is due to the fact that the laws of various states this matter is covered in a very concise manner, and trade customs and judicial practice, rules are interpreted the laws are ...