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I need some assistance with these assignment. business law individual : question and resolution Thank you in advance for the help!
I need some assistance with these assignment. business law individual : question and resolution Thank you in advance for the help! 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 the seller after the making of the contract of sale, in this Ordinance called “future goods”.
Unless a different intention appears from the terms of the contract, stipulations as to the time of payment are not deemed to be of the essence of a contract of sale whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract.
Sec 12 of the Sale of Goods Ordinance does not consider late delivery of goods as a breach of contract until the time is the essence of the contract. The given conditions do not show that time is the essence of the contract.
Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer’s risk, whether delivery has been made or not: Provided that where delivery has been delayed through the fault of either seller or buyer, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault: Provided, also, that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.
Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named but the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer.
Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may reasonable having regard to the nature of the goods and the other circumstances of the case. .
