the law of sale of goods

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the law of sale of goods the law of sale of goods special contracts ii what is contract of sale ? a contract of sale of goods is deﬁned under article 2266 of the code code of ethiopia as : a contract of sale is a contract whereby one of the parties, the seller (the person who sells or agrees to sell goods), undertakes to deliver a thing and transfer its ownership to another party, the buyer (the person who buys or agrees to buy goods), in consideration of a price expressed in money which the buyer undertakes to pay him. in this civil code, unless the context or subject matter otherwise requires, ‘contract of sale’ includes an agreement to sell as well as a sale”. where under a contract of sale the property in goods (the ownership) is transferred from the seller to the buyer the contract is called …

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gories, and inevitably somewhat different rules must apply to them. the civil code breaks them down into “existing goods” and “future goods”. “the goods which form the subject of a contract of sale may be either existing goods owned or possessed by the seller, or goods to be manufactured or acquired by him after the making of the contract of sale, in this civil code called future goods”. secondly, goods can be “specific”, “ascertained”, or “unascertained” are goods which are identified and agreed on at the time a contract of sale is made”.“unascertained” goods are not defined by the act, but by necessary inference mean goods which have not been specifically identified at the time of the contract as the actual goods, the ownership of which will pass to the buyer. existing goods they are goods which are actually in existence – that is, substantially in a state in which …

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ific goods are not only existing goods but are essentially the actual goods which will pass under the contract. if you want to buy a dozen screws, you can go to a diy shop and take off the shelf a packet containing 12 screws. these are specific goods. (d) ascertained goods ascertained goods are goods identified by both parties, e.g. “two of those bottles of port”. in the act, they are treated as specific goods. (e) unascertained goods are goods which are in existence (usually), but which have not been specifically identified as the goods forming the subject - matter of the sale, are “unascertained”. when they have been so identified, they become “ascertained”. passing of property (transfer of ownership) goods – at least specific goods – are tangible things which you can physically handle. but the mere fact that i can handle something does not necessarily mean that i …

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the responsibility for loss, damage or destruction of those goods. it is not necessarily coincident with either property in or possession of those goods. we shall be dealing with “risk” in the next study unit. modes (methods) of transfer of title how do we transfer ownership of goods ? : - the subject matter of sale contract is corporeal chattel (movables). hence, the mode of transferring ownership for corporeal chattel is delivery. delivery is the voluntary process of handing over goods from one hand to another. ex. 1 mr. b agreed to purchase 1000 tones of cement from muger cement factory to be delivered after six months. here the cements are not present and yet to be manufactured. ex. 2. mr s agreed to supply steel bar for mr. b. however those steel bars are in turkey to be imported. thus although the goods existed at the time of contract, …

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avi manu : this is when the seller takes the possession after having sold the goods to the buyer. ex. if mr. s sales his generator to mr. b and rent the same generator from b. then he acknowledge that he will keep the item for account of b. 6. delivery to whar finger or currier : - here the delivery is not made to the buyer but it is made to the buyer through currier. ex dhl or ems . place of delivery (where should the seller handover the goods?) the civil code does provide the place where, at the time of the contract, the seller had his place of business or, failing such, his normal residence shall be the place of delivery. time of delivery if a time is stated in the contract for the delivery of goods, it may be a condition of the contract, breach of …

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the law of sale of goods the law of sale of goods special contracts ii what is contract of sale ? a contract of sale of goods is deﬁned under article 2266 of the code code of ethiopia as : a contract of sale is a contract whereby one of the parties, the seller (the person who sells or agrees to sell goods), undertakes to deliver a thing and transfer its ownership to another party, the buyer (the person who buys or agrees to buy goods), in consideration of a price expressed in money which the buyer undertakes to pay him. in this civil code, unless the context or subject matter otherwise requires, ‘contract of sale’ includes an agreement to …

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