42 (1) Subject to this Act, an unpaid seller of property in possession of the property has the right to retain possession until payment or the offer of the price in the following cases, namely: (2) the goods or conduct, including part of a service, are ”in conformity with the contract” or in conformity with the contract if they comply with the obligations under the contract. R.S., c. 408, p. 39. (j) ”Ownership” means the general ownership of property and not just special property; (2) If an unpaid seller who has exercised his right of pledge or retention resells the goods, the buyer acquires ownership of them in relation to the original buyer. (4) If the seller expressly reserves a right of resale in the event that the buyer is in default and the buyer resells the goods, the original purchase contract will be cancelled, without prejudice to any claim for damages from the seller. R.S., c. 408, p. 49. (3) If, after a purchase contract, ownership of the goods is transferred from the seller to the buyer, the contract is called a ”sale”, but if the transfer of ownership of the goods is to take place at a later date or under a condition to be fulfilled later, the contract is called a ”purchase contract”.
2. `financing institution` means a bank, financial undertaking or any other person which, in the normal course of its activities, makes advances on goods or property or which intervenes in the ordinary course of an agreement with the seller or buyer to make or collect payments due or required under the contract of sale, (e.B. by purchasing, paying for or making advances against the seller`s bill of exchange, or by mere collection, whether or not ownership documents accompany or are associated with the design. ”Financing Agency” also includes a bank or other person that similarly intervenes between persons in the position of Seller and Buyer with respect to the Goods (Section 2-707). The term ”retail sale” has the same meaning as in section 55 of the Sale of Goods Act 1979 (as set out in schedule 1(11) to that Act). 13 (1) Unless otherwise provided in the terms of the contract, the provisions relating to the time of payment are not considered essential to a contract of sale, and whether or not another provision relating to the time of the contract is essential depends on the terms of the contract. (d)where the term is exempted from all or part of the provisions of Articles 13, 14 or 15, where a condition is not fulfilled, if it was reasonable at the time of the contract to expect that compliance with that condition to be achievable; (2) An unpaid seller of goods who has a right of pledge or retention over them shall not lose his right of pledge or retention solely because he has obtained a judgment or disposition of the price of the goods. R.S., c.
408, p. 44. (b) an implied warranty that Buyer has and enjoys silent possession of the Goods; (a)in respect of a person before the age of 18. Nothing in the law of any part of the United Kingdom shall be deemed a mandatory provision within the meaning of that section in May 1973; (2) If the buyer or his representative receives delivery of the goods on that behalf before they arrive at the intended destination, the transit shall be terminated. (5) If the goods are delivered to a ship chartered by the buyer, the question arises, depending on the circumstances of the case, whether they are in the possession of the master as carrier or as a representative of the buyer. (2) In a contract of sale, except the contract to which subsection (3) below applies, there is also an implied [F9term] that ”(b) the buyer has paid the price for all or part of the goods that are the subject of the contract and that are part of the bulk. 9 If there is a contract for the sale of certain goods and the goods have died without the seller`s knowledge at the time of conclusion of the contract, the contract is null and void. R.S., c. 408, p. 9. (2) Whether a provision of a contract of sale is a condition the breach of which may give rise to a right to treat the contract as rejected, or to a guarantee the breach of which may give rise to a claim for damages, but not to a right to refuse the goods and treat the contract as rejected, depends in any case on the interpretation of the contract and a provision may be a condition, although it is mentioned in the contract as a guarantee. (a)to which the Buyer is expressly informed before the conclusion of the contract, (1)If the Seller is authorized or obliged by a purchase contract to send the Goods to the Buyer, the delivery of the Goods to a carrier (whether or not designated by the Buyer) for transmission to the Buyer shall be prima facie deemed to be a delivery of the Goods to the Buyer.
(2) In respect of a contract concluded by any means other than that referred to in paragraph 1, ignore Article 56 and this paragraph. 51 (1) If the Buyer fails or wrongly refuses to accept and pay for the goods, the Seller may claim damages from the Buyer for non-acceptance. A sale is an absolute contract, while a contract of sale is a contract of performance that suggests a conditional sale. A purchase contract consists of an offer to sell or buy goods at a certain price and the acceptance of that offer. Payment or delivery of the goods is not required at the time of drawing up the purchase contract, unless this has been agreed. (1) Unless otherwise agreed, the goods remain at the seller`s risk until ownership of them passes to the buyer, but if ownership of them passes to the buyer, the goods are at the buyer`s risk, whether or not delivery has been made. 56 If a contract of sale gives rise to a right, obligation or liability arising from a contract of sale under the law, it may be unfavourable or modified by express agreement, by the course of negotiation between the parties or by use, if the use is such as to bind both parties. R.S., c. 408, p. 56.
(2) If there is a contract for the sale of goods to be delivered in several specified instalments to be paid separately and the seller makes defective deliveries in connection with one or more instalments or if the buyer refuses to accept or pay one or more instalments, this is, in any event, depending on the terms of the contract and the circumstances of the case, if the breach of contract is a termination of the entire contract or if it is a divisible breach that gives rise to a claim for damages, but not a right to treat the entire contract as rejected. R.S., c. 408, p. 33. âIf there is an unconditional contract for the sale of certain goods in a deliverable condition, ownership of the goods is transferred to the buyer at the time of conclusion of the contract, and it does not matter whether the time of payment or the time of delivery or both are postponed. 16 Where there is a contract for the sale of goods by description, there is an implied condition that the goods conform to the description and, where the sale is made in accordance with both samples and descriptions, it is not sufficient that the majority of the goods conform to the sample if the goods do not also conform to the description. R.S., c. 408, p. 16. 3U.K.In reference to a contract concluded before 18 May 1973, replace Article 12 with the following:â(2)Where a deed of ownership of property has been lawfully transferred to a person as the purchaser or owner of the property and that person transfers the deed to a person who receives it in good faith and for consideration, 22.
1. Where there is a contract for the sale of certain goods or goods are subsequently added to the contract, the seller may, under the terms of the contract or appropriation, reserve the right to dispose of the goods until certain conditions are met and, in that case, notwithstanding delivery of the goods to the buyer or to a carrier or other consignee of deposit for transmission to the buyer: ownership of the goods will not pass to the Buyer until the conditions imposed by the Seller are met. (12) In subsection (11) of the preceding section, ”contract for the international sale of goods” means a contract for the sale of goods entered into by parties whose place of business (or, if they do not have an ordinary place of residence) is situated in the territory of different States (the Channel Islands and the Isle of Man are treated as States other than the United Kingdom for that purpose) and in which one of the following conditions is completed: Rule 5. (1) If there is a contract for the sale of non-specific or future goods by description and the goods of that description and in a deliverable condition are unconditionally appropriate to the contract, either by the seller with the buyer`s consent or by the buyer with the seller`s consent, ownership of the related goods passes to the buyer, and such consent may be express or implied and may be given. before or after the allocation of funds. . . . .