Case Study 1. A lady buys synthetic pearls for high price thinking that they are natural pearls. The seller does not correct her mistake. Has she any remedies against the seller? would your decision be different if the lady had told the seller; “ I think they are natural pearls and, therefore, agree to buy the them at your price” and the seller was silent.
Case Study 2. A lady who knew that she was allergic to a particular hair dye developed dermatitis as a result of having her hair dyed with that substance. She did not disclose her allergy to the hair dresser. Is the hair dresser liable for breach of implied condition
Transfer of Property Stages Transfer of property in goods Transfer of possession in goods Passing of risk
Importance of Transfer of Property Risk follows ownership Action against third parties Insolvency of seller or buyer Suit for price
Passing of Property Goods must be ascertained Intention of the parties Specific goods – at the time of contract, Goods not undeliverable condition, Ascertained by weighing Unascertained goods Delivery to carrier
Passing of Property Contd 6. Goods sent on approval When he signifies his approval When he does any act Retains the goods 7. Reservation of right of disposal
Sale by non-owners Sale by owner by estoppel Sale by mercantile agent Sale by one of the joint owners Voidable contract Sale by seller in possession of goods Sale by buyer in possession of goods Sale by unpaid seller Others (finder of lost goods, Pawnee)