728
Risk primá facie passes with property.
Sale by person not owner.
+
No. 3 of 1896.
No. 4 of 1896.
SALE OF GOODS.
the right of disposal of the goods until certain conditions are fulfilled. In such case, notwithstanding the delivery of the goods to the buyer, or to a carrier or other bailee for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled.
(2) Where goods are shipped, and by the bill of lading the goods are deliverable to the order of the seller or his agent, the seller is primá facie deemed to reserve the right of disposal.
(3) Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him.
20. 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.
Transfer of Title.
21. (1) Subject to the provisions of this Ordinance, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.
(2) Provided, also, that nothing in this Ordinance shall affect-- (a) the provisions of the Factors Ordinance, 1896, or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; or
* See note to section 1.
† As amended by No. 8 of 1912,
law
pete
25
Colc
mar
buys
of ti
(2
of he
23.
title
a goç
with
24.
pross
in th
repré
whef1
othei
(2)
have l
ing to
persor
presen
25.-
posses.
the de acting
pledge
same i
have tl
were e
same.
(2)
obtains
docume
728
Risk primá facie passes with pro- perty.
Sale by person not
owner.
+
No. 3 of 1896.
No. 4 of 1896.
SALE OF GOODS.
the right of disposal of the goods until certain conditions are fulfilled. In such case, notwithstanding the delivery of the goods to the buyer, or to a carrier or other bailee for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled.
(2) Where goods are shipped, and by the bill of lading the goods. are deliverable to the order of the seller or his agent, the seller is primâ facie deemed to reserve the right of disposal.
(3) Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him.
20. 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.
Transfer of Title.
21. (1) Subject to the provisions of this Ordinance, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.
(2) Provided, also, that nothing in this Ordinance shall affect-- (a) the provisions of the Factors Ordinance, 1896, or any enact- ment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; or
* See note to section 1.
† As amended by No. 8 of 1912,
(
law
pete
25
Colc
mar
buys
of ti
(2
of he
23.
title
a goç
with
24.
pross
in th
repré
whef1
othei
(2)
have l
ing to
persor
presen
25.-
posses.
the de acting
pledge
same i
have tl
were e
same.
(2)
obtains docume
No comments yet.
Private notes are available after approval.