7.26
Sale by sample.
Goods must be ascertained.
Property passes when intended to pass.
*
Rules for ascertaining intention.
*
No. 4 of 1896.
SALE OF GOODS.
(3) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade :
(4) an express warranty or condition does not negative a warranty or condition implied by this Ordinance, unless inconsistent therewith.
Sale by Sample.
15.-(1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect.
(2) In the case of a contract for sale by sample-
(a) There is an implied condition that the bulk shall correspond with the sample in quality:
(b) There is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample:
(c) There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
PART II.
EFFECTS OF THE CONTRACT.
Transfer of Property as between Seller and Buyer.
16. Where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained.
17. (1) Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.
(2) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, and the circumstances of the case.
18. Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer.
Rule 1.-Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods
See note to section 1.
3 2 3
no
in
te:
th
un
pai
dos
bu
tin
of s
reas
Fi
tain
and
cont
buye
upor
and
(2
good
by tl and
unco:
19. or wl seller
7.26
Sale by sample.
Goods must be ascertain- ed.
Property passes when intended to
pass.
*
Rules for ascertaining intention.
*
No. 4 of 1896.
SALE OF GOODS.
(3) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade :
(4) an express warranty or condition does not negative a warranty or condition implied by this Ordinance, unless inconsistent therewith.
Sale by Sample.
15.-(1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect.
(2) In the case of a contract for sale by sample-
(a) There is an implied condition that the bulk shall correspond with the sample in quality:
(b) There is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample:
(c) There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
PART II.
EFFECTS OF THE CONTRACT.
Transfer of Property as between Seller and Buyer.
16. Where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained.
17. (1) Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.
(2) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, and the circumstances of the case.
18. Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer.
Rule 1.-Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods
See note to section 1.
p
3 2 3
no
in
te:
th
un
pai
dos
bu
tin
of s
reas
Fi
tain
and
cont
buye
upor
and
(2
good
by tl and
unco:
19. or wl seller
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